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…]
Everything You Need To Know To Understand Double Jeopardy
Double jeopardy is one of the fundamental tenets of the American criminal justice system. It is also one of the most misunderstood 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…]
More on Double Jeopardy Definition: Like Everything Else It’s A Balancing Game
I want to talk more about the double jeopardy definition. In the last show we discussed a case that involved double jeopardy attaching (or not attaching) at sentencing hearing. However, some ideas on this topic didn’t get flushed out. [Read more…]