People v. Jimenez, 2020 IL App (1st) 182164 (December). Episode 844 (Duration 4:33)
Illinois state statute says we can’t charge defendant in state court if the feds have charged him in federal court.
[Read more…]When Does Double Jeopardy Attach During A Plea Hearing?
People v. Gaines, 2020 IL 125165 (September). Episode 818 (Duration 10:35)
The trial judge at first accepted this guilty plea and then abruptly rejected it, if the rejection was proper then there is no double jeopardy problem.
[Read more…]Why A Hung Jury Generally Avoids Double Jeopardy Problems
People v. Kimble, 2019 IL 122830 (April). Episode 622 (Duration 9:42)
Judge declared a mistrial kind of early, still double jeopardy was not implicated.
[Read more…]Double Jeopardy Trap Snaps And Ensnares This Judge
People v. Shoevlin, 2019 IL App (3d) 170258 (January). Episode 583 (Duration 11:04)
Serious double jeopardy concerns are raised when the judge declares a mistrial in this domestic battery case.
[Read more…]Plea Hearing Ends Abruptly By The Judge Creating Double Jeopardy Problems For The State
People v. Gaines, 2019 IL App (3d) 160494 (July). Episode 663 (Duration 18:40)
Judge abruptly refuses to continue with the plea hearing creating a double jeopardy conundrum for the prosecution. [Read more…]
Defendant Was Allowed To Withdraw His Guilty Plea – No Double Jeopardy Problem Ensued
People v. O’Brien, 2019 IL App (2d) 170030 (July). Episode 662 (Duration 10:42)
No double jeopardy concerns where the defendant was allowed to withdraw his guilty plea after improper admonishments. [Read more…]
In The Double Jeopardy Analysis The Court Should Consider All Inadmissible Evidence
People v. Drake, 2019 IL 123734 (March). Episode 620 (Duration 11:14)
Although the reversal is still good the lower court judgement that double jeopardy barred a retrial is reversed.
Hung Jury Leads To Mistrial And Double Jeopardy Problems For The State
People v. Kimble, 2017 IL App (2d) 160087 (September). Episode 398 (Duration 26:29)
Judge declares a mistrial too early and now the state cannot recharge defendant. [Read more…]
Possible Double Jeopardy Incident: Prosecutor Gets Sick In The Middle Of Trial
People v. Threatte, 2017 IL App (2d) 160161 (August). Episode 389 (Duration 13:20)
Prosecutor got sick in the middle of trial and mistrial was declared – does double jeopardy prevent a new trial? [Read more…]
Double Jeopardy Definition | How It Really Works
What is double jeopardy law?
Double jeopardy law is one of the fundamental tenets of the American criminal justice system. It is also one of the most misunderstood concepts. See also understanding criminal law concepts.
[Read more…]Why Do Appellate Court Opinions Finish With A Statement That There Was Sufficient Evidence To Convict?
People v. Staple, 2016 IL App (4th) 160061 (December). Episode 317 (Duration 21:49)
This case does a great job of digging down into the very basics of double jeopardy. [Read more…]
Double Jeopardy: Pleading To DUI Misdemeanor Does Not Mean The Felony Will Just Go Away
People v. Staple, 2016 IL App (4th) 160061 (December). Episode 279 (Duration 8:36)
Defendant plead guilty to misdemeanor DUI, so the trial judge dismissed the felony DUI. [Read more…]