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Tag Archives: double jeopardy

High court to decide on double jeopardy

WASHINGTON — The Supreme Court will decide whether a jury forewoman’s offhand comment that the jury was unable to make a decision on a murder charge means the suspect can’t be retried on that charge. The high court on Tuesday agreed to hear an appeal from Alex Blueford ...

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Murder: People v. Gause

Appellate Division, Fourth Department Murder Double Jeopardy People v. Gause KA 08-01878 Appealed from Monroe County Court Background: The defendant had originally been charged with depraved-indifference murder and intentional murder, with the jury convicting on the depraved-indifference count but not ...

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Double Jeopardy: People v. Wystozaly

Appellate Division, Third Department Double Jeopardy Prosecutorial Withdrawal of Accepted Plea Offer People v. Wystozaly 103096 Appealed from Supreme Court, Otsego County Background: Following his April 2008 arrest, the defendant was charged by felony complaint with driving while intoxicated. When ...

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Resentencing: People v. Viehdeffer

Appellate Division, Fourth Department Resentencing Double Jeopardy People v. Viehdeffer KA 09-00934 Appealed from Genesee County Court Background: Convicted of second-degree burglary, the defendant’s original sentence did not include the required component of post-release supervision. After completing his prison sentence, ...

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