S. Ct. Civ. No.: 2012-0112

The Court holds that a criminal defendant who appeals from an order denying a pre-trial motion to dismiss an information on grounds that the prosecution violates the prohibition against double jeopardy may obtain a stay of the Superior Court proceedings by initiating an original proceeding for a writ of prohibition. Because the defendant raised a non-frivolous double jeopardy argument in his motion, the Court holds that the Superior Court was required to suspend its proceedings after a notice of appeal had been filed. Accordingly, the Court issues a writ of prohibition enjoining the Nominal Respondent from conducting any further proceedings in the Superior Court until the defendant's appeal is resolved.