Double Jeopardy
Double Jeopardy: Appeal by the State as Subjecting to Double Jeopardy
... Though the question of whether an appeal granted to the State conflicts with provisions forbidding double jeopardy has never been decided in Montana, it may well [r] ...
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Fifth Amendment Double Jeopardy: Two Tier Trial Systems and the Continuing Jeopardy Principle
... If the reviewing court finds that the evidence in the first-tier bench trial is legally insufficient, a new proceeding would violate the double jeopardy clause.' 0 8 If the first-tier tr[r] ...
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Parental Kidnapping, Criminal Contempt of Court, and the Double Jeopardy Clause: A Recommendation for State Courts
... which double jeopardy should not apply, the court may authorize multiple punishment for a single ...the Double Jeopardy Clause to protect criminal contemnors from a subsequent prosecution for ...
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Fifth Amendment Affording Society's Interest Greater Protection in Double Jeopardy Analysis
... The Court held that in cases where all the evidence admitted by the trial court-whether erroneously or not-would have been sufficient to sustain a guilty verdict, the double jeopardy cla[r] ...
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The Substitution of Words for Analysis and Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection
... Pennsylvania, the Supreme Court held that double jeopardy protection does not extend to a life sentence which is the product of a hung jury at the capital sentencing proceedings.' David [r] ...
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Fifth Amendment Double Jeopardy and the Dangerous Drug Tax
... According to this standard, a statute which authorizes a second punishment or prosecution -will pass double jeopardy scrutiny only if each statutory provision "requires proof of a 3 fact[r] ...
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Criminal Law - Double Jeopardy - Prior Conviction of First Degree Murder Resulting in a Penalty of Life Imprisonment Held to Be an Implied Acquittal of the Death Penalty on a Retrial Secured on Defendant's Appeal. People v. Henderson (Cal. 1963)
... - Double Jeopardy - Prior Conviction of First Degree Criminal Law - Double Jeopardy - Prior Conviction of First Degree Murder Resulting in a Penalty of Life Imprisonment Held to Be an Murder ...
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Fifth Amendment Extension of Double Jeopardy Protection to Sentencing
... Missouri,' the Court held that where a sentencing proceeding had the hallmarks of a trial on guilt or innocence, the Double Jeopardy Clause2 prohibited the imposition of a greater senten[r] ...
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Principles of Double Jeopardy in India A Judicial Diagnosis
... In Union of India & Anr. v. P.D. Yadav, 17 In this case, the pension of the officer, who was convicted by a Court- Martial, had been forfeited. The court held: “This principle is embodied in the well- known maxim ...
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Fifth Amendment Double Jeopardy and the Single Tribunal Rule
... Brady,10 the second important related case of this term, the Court held that the juvenile trial system of Baltimore, Maryland did not violate the double jeopardy constraints of the fifth[r] ...
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Truth or Justice? Double Jeopardy Reform for Queensland: Rights in Jeopardy
... of double jeopardy under the Bill will allow someone acquitted of murder to be retried for murder if, after their acquittal, ‘fresh and compelling evidence’ of the person’s guilt ...surrounding ...
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The Double Jeopardy Defense and Multiple Prosecutions for Conspiracy
... The Double Jeopardy Defense and Multiple Prosecutions for Conspiracy SMU Law Review Volume 49 | Issue 2 Article 4 1996 The Double Jeopardy Defense and Multiple Prosecutions for Conspiracy William H Th[.] ...
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Double Jeopardy Supreme Court Denies Relevance of Hung Counts to Collateral Estoppel, Expands Double Jeopardy Clause to Apply within a Single Proceeding
... Double Jeopardy Supreme Court Denies Relevance of Hung Counts to Collateral Estoppel, Expands Double Jeopardy Clause to Apply within a Single Proceeding SMU Law Review Volume 63 | Issue 1 Article 12 2[.] ...
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Illinois v Somerville: An Encroachment on the Double Jeopardy Protection
... Illinois v Somerville An Encroachment on the Double Jeopardy Protection SMU Law Review Volume 27 | Issue 3 Article 8 1973 Illinois v Somerville An Encroachment on the Double Jeopardy Protection Stephe[.] ...
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Untangling Double Jeopardy in Mixed Verdict Cases
... Untangling Double Jeopardy in Mixed Verdict Cases SMU Law Review Volume 63 | Issue 3 Article 10 2010 Untangling Double Jeopardy in Mixed Verdict Cases Lissa Griffin Follow this and additional works at[.] ...
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Eliminating Double Talk from the Law of Double Jeopardy
... Nonetheless, Dixon probably does establish an articulable prece- dential rule: The Double Jeopardy Clause prohibits a prosecution for an alleged violation of a crimin[r] ...
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Double Jeopardy and Due Process
... ployed the double jeopardy clause principally as a means of protecting Green's statutory right of appeal rather than his right to be free from repeated prosecutions." The result in Green[r] ...
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Fifth Amendment Double Jeopardy
... The issues the Court addressed in these two cases were 1 whether the two statutory offenses constituted the "same offense" within the meaning of the double jeopardy clause, and 2 whether[r] ...
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What Constitutes Double Jeopardy
... The more just as well as more logical view held by a few courts is that because the municipality is but an agent of the state and acting under delegated authority, a prosecution under a [r] ...
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Witte v United States: Double Jeopardy and the United States Sentencing Guidelines
... 191 Under recidivist statutes, the enhanced punishment imposed for a later offense is not an additional penalty for previous crimes, but rather, it is "a stiffened penalty for the latest[r] ...
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