STATE v. PENNINGTON


952 S.W.2d 420 (1997)

STATE of Tennessee, Appellant, v. Jefferson C. PENNINGTON, Appellee.

Supreme Court of Tennessee, at Nashville.

September 8, 1997.


Attorney(s) appearing for the Case

County Court, Davidson County; James R. Everett, Judge.

J. Bryan Lewis, Phillip A. Purcell, Nashville, for Appellee.

John Knox Walkup, Attorney General, Michael E. Moore, Solicitor General, Daryl J. Brand, Assistant Attorney General, Nashville, Victor S. Johnson, III, District Attorney General, James W. Milam, Assistant District Attorney General, Nashville, for Appellant.


OPINION

BIRCH, Justice.

We review this cause to determine whether detention immediately after arrest, purposely continued because of the accused's refusal to submit to a breathalyzer test, constitutes punishment that prevents, under double jeopardy principles, punishment upon conviction. Because we find that jeopardy did not attach to the proceedings before the judicial commissioner and because the detention, even if punitive, did not constitute punishment...

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