WASHINGTON – The Supreme Court on Monday reaffirmed the long-established precedent that allows both state and federal authorities to prosecute a person for the same offense, a ruling that has implications for President Donald Trump’s pardon powers. The 7-2 ruling ...

Tagged with: double jeopardy supreme court of the united states

New York State Court of Appeals – Double Jeopardy – Mistrial – Defendant’s Consent   Gorman v. Rice, et al. No. 190 Memorandum   Background: The defendant’s vehicle veered out of control and flew in front of another vehicle as she ...

Tagged with: double jeopardy New York State Court of Appeals

New York State Court of Appeals – Double Jeopardy – Conditional Imprisonment – No Adjudication of Criminal Contempt   People v. Sweat No. 159 Judge Rivera   Background: The people appealed from an order dismissing an information with two counts of ...

Tagged with: double jeopardy New York State Court of Appeals

New York State Court of Appeals Double Jeopardy Erroneous Sentence — Post-Release Supervision People v. Cintron No. 35 Judge Lippman Background: The issue on appeal is whether it constitutes double jeopardy for an appellate court to correct a defendant’s illegal ...

Tagged with: double jeopardy New York State Court of Appeals

U.S. Court of Appeals for the Second Circuit Double Jeopardy Sufficiency of the Evidence — Habeas Relief Hoffler v. Bezio 11-5281-pr Judges Cabranes, Raggi and Carney Background: The petitioner appealed from an order denying a writ of habeas corpus wherein ...

Tagged with: double jeopardy u.s. court of appeals for the second circuit

New York State Court of Appeals Double Jeopardy Mistrial — Lesser Included Offense Conviction People v. McFadden No. 216 Judge Lippman Background: On appeal, the question presented was whether double jeopardy barred the defendant from being retried for criminal possession ...

Tagged with: double jeopardy New York State Court of Appeals

We know that wrongful convictions can be reversed, but what about wrongful acquittals? With the U.S. Supreme Court prepared to decide next term whether double jeopardy principles prevent the retrial of a defendant acquitted based on a judge’s misunderstanding of ...

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New York State Court of Appeals Double Jeopardy Depraved Indifference — Intentional Murder People v. Gause No. 90 Judge Jones Background: The defendant’s conviction for depraved indifference murder was reversed on appeal. At issue was whether the defendant was impliedly ...

Tagged with: double jeopardy New York State Court of Appeals

A Rochester man, convicted of murder, will go free on a technicality. The New York Court of Appeals on Tuesday ruled that double jeopardy attached and Derrick Gause was wrongly tried a second time after his conviction for depraved indifference ...

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Sometime jury members can’t come to an agreement in criminal cases. But when jurors are prepared to acquit a defendant on the most serious charges in a case, but are deadlocked on the lesser included charges, can a defendant be ...

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U.S. Court of Appeals for the Second Circuit Honest Services Statute Double Jeopardy United States v. Bruno 10-1885 Judges B.D. Parker, Chin and Korman Background: The defendant, former majority leader of the New York State Senate, appealed his conviction for honest ...

Tagged with: double jeopardy u.s. court of appeals for the second circuit

Appellate Division, Fourth Department Double Jeopardy Previous Conviction People v. Sanders KA 10-00362 Appealed from Monroe County Court Background: The defendant pleaded guilty to assault first degree by way of a waiver of indictment in 2003. Five years later, in ...

Tagged with: Appellate Division double jeopardy Fourth Department