· 7/27/2023
Tara McDaniel v. Clive Ryan and LaFree Ryan
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that double jeopardy was violated by resentencing of defendant who had fully served one of two alternative sentences
- holding that double jeopardy principles forbid any increase in a defendant’s sentence once that sentence has been served or executed
- stating that common law, the Constitution, and “the dearest principles of personal rights” all forbade the action of the trial court
- establishing that the Double Jeopardy Clause bars a second prosecution only if jeopardy attached in the original proceeding
- noting that the trial court did have constitutional authority to modify the sentence upwards so long as that sentence had not been \executed.\
- holding the prohibition against double jeopardy forbids any increase in a defendant’s sentence once that sentence has been served or executed
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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