St. Ana v. Hammond Organ Studios of South Miami, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Blake did not raise directly the issue of Double Jeopardy below, and the Superior Court did not address the issue on its own. Our standard of review is therefore plain error.”
• “Because the second prosecution for the greater offense subjected [the defendant] to double jeopardy, the [s]tate cannot avoid the protection the Double Jeopardy Clause provides by offering to vacate the lesser-included offense as consolation.”
• “Because the second prosecution for the greater offense subjected 13 [the defendant] to double jeopardy, the [s]tate cannot avoid the protection the Double 14 Jeopardy Clause provides by offering to vacate the lesser-included offense as 15 consolation.”
• “[T]he doctrine of plain error is limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their character, and which clearly deprive an accused of a substantial right, or which clearly show manifest injustice”

Source: CourtListener parenthetical corpus (CC0).