Buchalla v. State

Summary

The court affirmed the denial of Buchalla’s plea in bar, holding that constitutional and statutory double-jeopardy protections did not prevent his later prosecution for murder after his earlier conviction for attempted murder and aggravated assault. Because the victim was still alive when Buchalla was convicted, the murder was not yet complete and was not known to the prosecutor at the time of the earlier prosecution. The court reviewed the legal question de novo and concluded that the later prosecution was permissible.