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FITZGERALD v. UNITED STATES

No. 83-177.

472 A.2d 52 (1984)

Walter L. FITZGERALD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 6, 1984.

Attorney(s) appearing for the Case

Richard Reback, Washington, D.C., with whom William J. Kolasky, Jr. and Neal S. Manne, Washington, D.C., appointed by the court, were on the briefs, for appellant.

Judith Hetherton, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, Michael W. Farrell and Susan R. Holmes, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEBEKER and PRYOR, Associate Judges, and REILLY, Chief Judge, Retired.

PRYOR, Associate Judge:

The sole question presented for our review is whether a criminal defendant who is successful in having his conviction set aside on grounds of trial error, after serving the sentence imposed, is placed in double jeopardy by a second trial on the same indictment. We hold that the Double Jeopardy Clause does not bar a subsequent trial in this case and therefore affirm the order of the trial court denying...

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