Skip to main content
· 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).

Read full opinion on CourtListener

Sourced 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.