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Double Jeopardy

Jun 15, 2017

Different jurisdictions, but same conspiracy

An argument by prosecutors that a drug dealer engaged in two separate conspiracies and could be prosecuted in separate Virginia districts has failed to persuade judges of the 4th U.S. Circuit Court of Appeals. The 4th Circuit unanimously held June 1 that an attempt to buy several kilograms of cocaine from a confidential informant in […]

Jun 7, 2017

Criminal Practice – Two Charges Violated Double Jeopardy

U.S. v. Jones (Lawyers Weekly No. 001-122-17, 17 pp.) (Thacker, J.) No. 15-4763, June 1, 2017; USDC at Lynchburg, Va. (Moon, J.) 4th Cir. Holding: A defendant who pleaded guilty to a drug conspiracy count in the Eastern District of Virginia cannot be prosecuted in the Western District for a drug conspiracy involving the same […]

May 3, 2017

Criminal Practice – Court Need Not Decide Double Jeopardy Claim

Robinson v. Thomas, Warden (Lawyers Weekly No. 001-095-17, 23 pp.) (Agee, J.) No. 16-11, April 27, 2017; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: The 4th Circuit upholds a district court decision to abstain from intervening in two convicted murderers’ proceeding asserting that a North Carolina state court’s second review, on appeal by […]

Nov 16, 2012

Justices debate the consequences of wrongful acquittals

BOSTON — The justices of the U.S. Supreme Court tackled a tough question earlier this month, considering what consequences result under the double jeopardy clause from an acquittal that was caused by a judge’s error.

Jul 26, 2011

Criminal Practice – Forgery – Civil Practice – Evidence – Attorneys – Tort/Negligence – Legal Malpractice – Contempt – Constitutional – Double Jeopardy – Value — Sentencing 

State v. Brandt The offense of criminal contempt has an element that the offense of forgery does not have, and vice versa. Therefore, defendant’s prosecution for forgery - after his criminal contempt conviction — does not violate the constitutional prohibition against double jeopardy. We affirm defendant’s conviction of forgery but remand so that he may be sentenced for a misdeme[...]

Mar 18, 2011

Double jeopardy applied after solicitor ‘goaded’ mistrial, justices rule

man who was convicted of murder after two trials was barred from prosecution in the second trial under the Double Jeopardy Clause because of prosecutorial misconduct, the S.C. Supreme Court ruled. In a rare invocation of the clause, Jack Edward Earl Parker won reversal of his conviction by arguing that a prosecutor goaded defense counsel into moving for a mistrial during the first trial. A lawyer[...]

Mar 14, 2011

Criminal Practice – Constitutional – Double Jeopardy – Mistrial – Prosecutorial Misconduct

State v. Parker. Where the first trial judge ruled that prosecutorial misconduct goaded defendant into moving for a mistrial, the second trial judge erred when he denied defendant's motion to dismiss based . . .

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