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#1 | |
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#2 |
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My recollection is that a mistrial issued based on a motion by the defendant terminates double jeopardy, though.
I don't recall exactly what the rule is, but unless the prosecution asked for the mistrial (they clearly didn't), I believe the mistrial essentially acts as a non-suit and the case can be re-tried unless the court determines that the defendant would be materially prejudiced by the sequence of events. We'll find out in a few weeks, but I don't think Rajah is off the hook just yet.
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#3 | |
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#4 |
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Yeah - I don't.
But we'll see soon enough.
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#5 |
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Yeah, you do. And your cite isn't on point. The Scott case centered around pretrial issues.
As for being a condescending shithead, you've been doing that on multiple legal threads lately, when you don't seem to know what the hell you're talking about. |
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#6 |
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I'll see you in 3 weeks.
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#7 | |
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I doubt it. You'll be skipping the thread at that point. You've ignored the difference between common law and Constitutional law, and the impact it generally has in cases like this. The prosecution no longer has an automatic right to reprosecute.
Edit: to be fair, I think our area of disagreement is less than it seems. I was focusing on this part of your claim: Quote:
We both seem to be in agreement that not all calls for mistrials result in the end of a case. Last edited by Just Passin' By; 07-14-2011 at 11:20 AM.. |
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#8 | ||
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Quote:
http://supreme.justia.com/us/437/82/ Quote:
In the event the defendant seeks to have the proceedings terminated without a determination as to his ultimate guilt or innocence, he can be re-tried.
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#9 |
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As double jeopardy applies only to charges that were the subject of an earlier final judgment, there are many situations in which it does not apply despite the appearance of a retrial. For example, a second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not as decided by the U.S. Supreme Court in United States v. Josef Perez. Cases dismissed because of insufficient evidence may constitute a final judgment for these purposes though many state and federal laws allow for substantially limited prosecutorial appeals from these orders. Also, a retrial after a conviction has been set aside following the grant of a motion for new trial, has been reversed on appeal, or has been vacated in a collateral proceeding (such as habeas corpus), does not violate double jeopardy because the judgment in the first trial has been invalidated. In all of these cases, however, the previous trials do not entirely vanish. Testimony from them may be used in later retrials such as to impeach contradictory testimony given at any subsequent proceeding.
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