Tag Archives: Double Jeopardy

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

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 misdemeanor rather than a felony.

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Double jeopardy applied after solicitor ‘goaded’ mistrial, justices rule (access required)

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 for Parker said the decision means his client, formerly accused of shooting and killing his sister's boyfriend, can walk free. "They can't prosecute him again on this charge," said Chief Appellate Defender Robert Dudek (pictured).

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