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COLEMAN v. UNITED STATES

No. 79-592.

414 A.2d 528 (1980)

Ralph E. COLEMAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 5, 1980.

Attorney(s) appearing for the Case

Melvin A. Marshall, Washington, D.C., appointed by the court, for appellant.

Barry M. Tapp, Asst. U.S. Atty., with whom Carl S. Rauh, U.S. Atty., Washington, D.C., at the time the case was briefed, and John A. Terry, Michael W. Farrell and Steven C. Tabackman, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before GALLAGHER, NEBEKER and MACK, Associate Judges.

NEBEKER, Associate Judge:

This appeal from a pretrial denial of a double jeopardy motion presents an interesting and somewhat unfortunate consequence of the Supreme Court's decision in Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). In that case the Supreme Court held that a pretrial order denying a motion to dismiss, predicated on double jeopardy grounds, is final and appealable. It acknowledged the...

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