United States v. Scott
United States Supreme Court
437 U.S. 82 (1978)
Relevant factsFree
Scott (defendant), charged with drug distribution, moved during trial to dismiss two counts on the ground that pre-indictment delay had impaired his defense, and after all the evidence was presented the trial court granted the dismissal. The government appealed, but the court of appeals, relying on prior Supreme Court precedent, held further prosecution barred by the Double Jeopardy Clause, and the government sought certiorari.
IssueFree
Whether the Double Jeopardy Clause bars the government from appealing a midtrial dismissal that the defendant himself requested on grounds, such as pre-indictment delay, unrelated to his factual guilt or innocence.