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To: SmithL
I know it is easy to laugh - but is this a case of double jeopardy or is it a case of new charges based on new evidence...?
4 posted on 02/25/2005 12:47:52 PM PST by 2banana (My common ground with terrorists - They want to die for Islam, and we want to kill them.)
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To: 2banana
No, it is not double jeopardy. The appeals court ruled against a piece of evidence, and said to retry it without that evidence. Prosecutors are very limited (close to prohibited) in the new evidence that they can bringing to appeal, however, they can start from scratch at a new trial. This is the risk that someone takes if they appeal.

Think about it this way, a person is convicted of killing someone based on the testimony of a witness that should have been thrown out, the accused is convicted of manslaughter. The murderer appeals the case based on that tainted evidence, and an appeals court sends the case back to a lower court for retrial without the testimony from the witness. However in the mean time, the prosecution finds the gun, a video of the murder, and an unimpeachable witness saying that the accused planned the murder for weeks. The prosecution can now use this to seek first degree murder charges, something that they could not have done if the appeal by the defendant were not successful.

8 posted on 02/25/2005 12:58:44 PM PST by Sthitch
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To: 2banana

It sounds like the original charge was dismissed based on the search being illegal, however the government had dug up lots of new evidence in the meantime to show he was a much bigger player in drug trafficing than they could prove back when he was originally conviceted.

It sounds like these were different charges. It's also likely he would have faced them regardless of if he appealed his first conviction or not.


10 posted on 02/25/2005 1:04:21 PM PST by untrained skeptic
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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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