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To: 2banana; kellynla
but is this a case of double jeopardy or is it a case of new charges based on new evidence...?

Probably neither. There would be issues of double jeapordy only if the conviction was reversed because of either insufficient evidence or gross prosecutorial misconduct. If it was simple error at the trial court level that caused the reversal, there should be no problem with a new trial on the old charges.

The judge is free to sentence him based upon the conviction, without reference to the earlier results which were set aside by the appelate court. (Setting aside, for purposes of this discussion, the whole issue of sentencing guidelines.)

17 posted on 02/25/2005 2:43:41 PM PST by PAR35
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To: PAR35

Thanks for the info.


18 posted on 02/25/2005 3:11:11 PM PST by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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