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To: FreeTheHostages
My understanding is that if the feds file the charges, then VA's constitution requires them to throw out their entire case to avoid double jeopardy.
7 posted on 10/29/2002 11:37:56 AM PST by Cyber Liberty
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To: Cyber Liberty
Interesting. But of course you mean not if the feds file charges, but if Double Jeopary "attaches" -- which happens when the jury is sworn. So the feds filing charges -- if it's just a prelude to passing the case to Virginia before a federal jury is sworn -- that could be good. That could be just a way to transfer to the case to Virginia. Which has *much better law and juries* for death penalty and for prosecution.
9 posted on 10/29/2002 11:40:08 AM PST by FreeTheHostages
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To: Cyber Liberty; BearCub
CyberLiberty -- You posted, I guess yesterday by now, that your understanding of the way the Virginia law/constitution works, if the feds file charges on the Virginia cases, the Virginians have to throw out their entire prosecution.

It appears that the feds have seen this too:

The charges, filed under the decades-old Hobbs Act intended to root out organized crime, include 11 of the 14 shooting incidents tied to the sniper attacks, leaving out the three fatal shootings in Virginia. Sources said the complaint purposely excludes those incidents to allow the most flexibility in deciding where to prosecute first.

So this is very smart. The feds have totally side-stepped any problem Double Jeopardy or interference with Virginia, which does have a death penalty statute applicable to both, by not including Virginia. Smart. Smart.
56 posted on 10/29/2002 9:37:57 PM PST by FreeTheHostages
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