· 3/3/1975
Serfass v. United States
Citations
- 420 U.S. 377
- 95 S. Ct. 1055
- 43 L. Ed. 2d 265
- 1975 U.S. LEXIS 40
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that jeopardy had not attached when district court dismissed the indictment because petitioner had not been put to trial
- holding that a former jeopardy must have attached before the Double Jeopardy Clause is implicated
- holding that jeopardy attaches in a court trial when the judge “begins to hear evidence”
- holding that, “[i]n a nonjury trial, jeopardy attaches when the court begins to hear evidence”
- recognizing that, when a criminal prosecution is terminated prior to trial, the defendant is spared expense, delay, strain and embarrassment that attend a trial
- holding that Double Jeopardy Clause did not bar appeal by government from pretrial order dismissing indictment because jeopardy had not yet attached as petitioner had not yet been put to trial before factfinder
Source: CourtListener parenthetical corpus (CC0).
Judges: Burger, Douglas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.