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…]
How Double Jeopardy Really Works
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…]
DUI Dismissal Does Not Implicate Double Jeopardy
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
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…]
When Does Double Jeopardy Attach During a Sentencing Hearing?
When does double jeopardy attach during a sentencing hearing? This is the question raised in Podcast Episode Number 040 of the Criminal Nuggets Podcast. The Defendant tried to plead guilty to a misdemeanor DUI, the the judge allowed them to dismiss the charges so they could indict on felony charges. [Read more…]