Also known as: final orders
Written by attorneys · grounded in primary & secondary sources — see below
A judicial determination that resolves a prosecution in favor of the defendant after an information or indictment has been filed. The determination must remain undisturbed by reversal or vacation and must rest on a finding that precludes conviction on the charged offense.
Prosecutors charged Floyd Franklin with theft after an indictment was returned. The trial court dismissed the case because the evidence failed to establish an essential element of the offense. Because the dismissal has not been reversed, the state cannot bring a second prosecution for the same theft.
After an information was filed, the court entered judgment for Francesca Fowler on a charge of receiving stolen property. The ruling necessarily decided that Fowler lacked knowledge the goods were stolen. That determination blocks a later prosecution for theft of the same goods.
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A final order bars reprosecution when it is entered after an information or indictment has been filed, remains undisturbed, and rests on a determination that is inconsistent with an element the state must prove in the new case.
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No. The Model Penal Code treats an order or judgment the same way once it finally disposes of the case in the defendant's favor after charging documents are filed and the order is not set aside.
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Reversal removes the bar. The Model Penal Code expressly requires that the order or judgment not have been set aside, reversed, or vacated before it can prevent a new prosecution.
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