· 3/16/2007
T.W. v. Russell County Board of Education
Citations
- 965 So. 2d 780
- 2007 Ala. LEXIS 51
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that ‘‘[w]e have entertained several interlocutory appeals from denials of motions to dismiss based on double jeopardy claims,’’ and ‘‘[t]he only real question is whether the double jeopardy claim is colorable’’ [internal quotation marks omitted]
- denial of motion to dismiss criminal charges immediately appealable if motion raises \colorable claim\ of double jeopardy
- denial of motion to dismiss criminal charges immediately appealable if motion raises ‘‘colorable claim’’ of double jeopardy
- “[t]he right not to be tried necessarily falls into the category of rights that can be enjoyed only if vindicated prior to trial” [internal quotation marks omitted]
- fifth amendment guarantee against double jeopardy embodies collateral estoppel as constitutional requirement
- entertaining appeal based on caselaw allowing for interlocutory review
Source: CourtListener parenthetical corpus (CC0).
Judges: Bolin, Cobb, Lyons, Murdock, Stuart
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.