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Why A Hung Jury Generally Avoids Double Jeopardy Problems

May 13, 2020 By Arthur McGibbons

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.

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Filed Under: Double Jeopardy

Double Jeopardy Trap Snaps And Ensnares This Judge

February 3, 2020 By Arthur McGibbons

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.

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Filed Under: Double Jeopardy

In The Double Jeopardy Analysis The Court Should Consider All Inadmissible Evidence

April 24, 2019 By Arthur McGibbons

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.

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Filed Under: Double Jeopardy

Hung Jury Leads To Mistrial And Double Jeopardy Problems For The State

October 3, 2017 By Arthur McGibbons

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…]

Filed Under: Double Jeopardy

Possible Double Jeopardy Incident: Prosecutor Gets Sick In The Middle Of Trial

September 13, 2017 By Arthur McGibbons

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…]

Filed Under: Double Jeopardy

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