State v. Killian
Annotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the circuit court's order dismissing a criminal complaint against Defendant as barred by double jeopardy, holding that neither double jeopardy, issue preclusion under the Double Jeopardy Clause, or common law issue preclusion barred the present prosecution.
The first criminal case against Defendant ended in a mistrial intentionally provoked by the prosecutor. Thereafter, Defendant argued that double jeopardy, and, in the alternative, issue preclusion barred the State from prosecuting the instant case. The circuit court granted relief, concluding that Defendant was in jeopardy of being convicted of the offenses now charged. The Supreme Court reversed, holding (1) the present prosecution did not place Defendant in jeopardy for any of the same offenses; and (2) issue preclusion did not bar the instant prosecution.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.