Also known as:aller à Dieu · go to God · acquitted
Written by attorneys · grounded in primary & secondary sources — see below
A Law French phrase requesting that a case be dismissed from court.
Sources & Authorities· 8 primary sources
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Cases
Model Codes
Dictionaries
How it applies
Common Examples
6
Double Jeopardy Bar Motion
Adrian Aguilar faced a second charge after an acquittal on a related environmental offense. His counsel invoked aller a Dieu, arguing the new count required distinct proof and targeted a different harm. The court granted the dismissal.
Identity Acquittal Preclusion
Antonio Alvarado won an acquittal when identity was the sole contested issue in a robbery prosecution. The state then pursued charges involving a second victim from the same incident. Defense counsel sought aller a Dieu to bar the retrial.
Distinct Elements Challenge
Alice Atkins stood trial for directing illegal dumping and was acquitted. Prosecutors later filed a concealment conspiracy count arising from the same events. Her attorney moved for aller a Dieu on the ground that the offenses demanded separate factual showings.
Amber Alonzo was acquitted on unrelated charges. The state later filed a new prosecution arising from the same facts. Counsel invoked aller a Dieu to bar further proceedings on double-jeopardy grounds.
Variance Claim Dismissal
Ava Adebayo was indicted on multiple counts of conspiracy. At trial the proof showed several smaller schemes rather than one overarching agreement. Her lawyer urged aller a Dieu to end the prosecution.
Kotteakos v. United States328 U.S. 750, 764–65 (1946)
Presumption Instruction Dispute
Arthur Abrams was indicted on multiple counts arising from a single scheme. At trial the proof showed several smaller schemes rather than one overarching agreement. Defense counsel filed a motion styled as aller a Dieu to halt the case.
County Court of Ulster County, N. Y. v. Allen442 U.S. 140 (S.Ct.1979)
Common questions
Frequently Asked
3
What does the phrase aller a Dieu request in court?+
The phrase asks the court to dismiss the pending case entirely.
Supporting sources
In what procedural posture is aller a Dieu typically invoked?+
It is raised by defense counsel after acquittal or when double jeopardy principles bar further prosecution.
Supporting sources
Does aller a Dieu apply only to double jeopardy claims?+
No. The phrase simply signals a request for dismissal and may accompany any ground that terminates the prosecution.
Supporting sources
384 U.S. 436 (1966)Evidence
…satisfactory kind of evidence will now, under this new version of the Fifth Amendment, either not be tried at all or will be acquitted if the State's evidence, minus the confession, is put to the test of litigation. I have no desire whatsoever to share the responsibility for any such impact on the present criminal…