Ex Parte Carl Thomas Preston

Summary

The Court held that jeopardy attached to the first and third counts of the indictment when the jury was impaneled and sworn, because the State failed to obtain court permission and take affirmative action to dismiss or waive those counts before jeopardy attached. Consequently, the subsequent prosecution on those counts violated the Double Jeopardy Clause and the judgment of the Court of Appeals was reversed and remanded for dismissal. Two concurring judges joined the result, while a dissent argued otherwise.