STATE v. DANLEY

Nos. 89-KA-0972, 07-58161.

573 So.2d 691 (1990)

STATE of Mississippi v. Bernard Douglas DANLEY. Bernard Douglas DANLEY v. STATE of Mississippi.

Supreme Court of Mississippi.

December 12, 1990.


Attorney(s) appearing for the Case

Mike C. Moore, Atty. Gen., Jackson, and Gary S. Evans, Asst. Dist. Atty., Pascagoula, for the State.

William T. Bailey, Lucedale, for Bernard Douglas Danley.

Before ROY NOBLE LEE, C.J., and PRATHER and SULLIVAN, JJ.


PRATHER, Justice, for the Court:

I. INTRODUCTION

The primary issue addressed in this case is whether the Fifth Amendment's Double Jeopardy Clause bars re-prosecution of Bernard Douglas Danley for murder following this Court's reversal of his conviction on procedural grounds. This Court resolves the issue in the negative.

A.

This consolidated appeal1 involves an interesting case history. See Danley v. State...

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