Levario v. State, 2012 Miss. LEXIS 309

Levario was involved in a July 26, 2008 accident resulting in Gary Coulliette's death and received five traffic tickets at the scene, including a DUI ticket not signed by the clerk.
The officer filed a handwritten affidavit charging Levario with felony DUI Causing Death on July 28, 2008.
Levario posted bond and pleaded not guilty in the Jackson County Justice Court; the case was continued to October 23, 2008.
On October 23, 2008, Levario was convicted of felony DUI Causing Death in justice court and ordered to pay a fine and attend MASEP classes.
In May 2009, the State moved to set aside the justice court judgment, arguing lack of jurisdiction to convict of the felony; the justice court set aside the conviction after a hearing.
On October 13, 2009, the Jackson County Grand Jury indicted Levario for felony DUI Causing Death; Levario moved to dismiss in circuit court on double jeopardy grounds, which the circuit court overruled.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does double jeopardy bar indictment/prosecution in circuit court?	Levario argues prior felony conviction barred later prosecution.	State contends justice court lacked jurisdiction to convict of felony.	No; prior conviction void for lack of jurisdiction, so no double jeopardy.
Were due-process rights violated in setting aside conviction and prosecuting?	Levario asserts procedural defects and vindictiveness.	State argues proceedings were proper and timely under statute.	No due-process violation found; proceedings proper and not vindictive.

Foreman v. State, 51 So.3d 957 (Miss. 2011) (double jeopardy and law reviewed de novo)
Watts v. State, 78 So.3d 901 (Miss. 2012) (court lacks jurisdiction cannot place in jeopardy)
John v. State, 347 So.2d 959 (Miss. 1977) (lack of jurisdiction defeats former jeopardy)
Montross v. State, 61 Miss. 429 (1883) (earlier authorities on jeopardy and jurisdiction)
Blackledge v. Perry, 417 U.S. 21 (1974) (prosecutorial vindictiveness doctrine)