[rarestia]

Illinois’ high court ruled that “rigid, mechanical rules” should not determine whether the Double Jeopardy Clause is violated

WOW! Just damn. I can't fathom how someone, an "educated" person of the law, would just spout something like that as acceptable practice. Liberal truly don't care about the Constitution or this nation's laws unless they suit their needs.

[ConservingFreedom]

I think the Illinois court had a point: 'The court held that since the state was not participating in the case, Martinez was “never at risk of conviction.” Thus Martinez was never in jeopardy the first time and so would not suffer double jeopardy by a new trial.'

[latina4dubya]

Illinois’ high court ruled that “rigid, mechanical rules” should not determine whether the Double Jeopardy Clause is violated.

that stood out to me too! rigid, mechanical rules are exactly what should determine whether the Double Jeopardy Clause is violated or not... can you imagine? sheesh!