18 results for 'cat:"Murder" AND cat:"Double Jeopardy"'.
J. Williamowski finds the trial court properly denied defendant's motion to dismiss for double jeopardy violations. Although his initial convictions for retaliation and attempted murder were vacated on improper venue grounds, the vacatur of those convictions had nothing to do with his criminal culpability and were instead the result of a procedural error that did not implicate his double jeopardy rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: May 6, 2024, Case #: 2024-Ohio-1736, Categories: Criminal Procedure, murder, double Jeopardy
J. Huffman finds that the trial court properly convicted defendant of second degree murder after he was convicted in an earlier trial for gross vehicular manslaughter while intoxicated for the same incident. Gross vehicular manslaughter while intoxicated is not a lesser included offense of murder, so the second conviction did not violate his double jeopardy protections. Affirmed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: April 16, 2024, Case #: D081050, Categories: murder, double Jeopardy, Dui
Per curiam, the appellate division finds that the trial court properly granted the petition to prohibit the prosecutor and judge from retrying the man on weapons charges and murder. Prosecutors have not shown that a mistrial was necessary due to a "grossly unqualified" juror, and a decision had not been reached on any of the charges. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: OP 23-01825, Categories: Jury, murder, double Jeopardy
J. Danner finds that the trial court improperly dismissed a murder charge on double jeopardy grounds. A 1996 dismissal was entered in the furtherance of justice following two mistrials and was not the result of an application of the substantial evidence standard. The minute order cited "insufficient evidence," but the written order more fully explained the interest of justice factors that show it was not an acquittal after a finding of insufficient evidence that would entitle defendant to double jeopardy protection. Vacated.
Court: California Courts Of Appeal, Judge: Danner, Filed On: March 14, 2024, Case #: H051311, Categories: Dna, murder, double Jeopardy
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J. Weissmann finds that defendant was properly convicted of murder since the lower court took numerous measures to ensure the jury did not know the victim's mother had been convicted of murder during defendant's trial. Once that information was disclosed, the court properly declared a mistrial, and the second trial did not violate double jeopardy. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: March 11, 2024, Case #: 23A-CR-606, Categories: Evidence, murder, double Jeopardy
J. Colloton finds a lower court properly dismissed a defendant's motion for a mistrial. The defendant, who is under indictment on on felony murder and arson in Native American land, argued that he was entitled to relief based on double jeopardy. However, the government sufficiently showed in court that he consented to a mistrial in the original proceedings. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: February 23, 2024, Case #: 23-2431, Categories: murder, double Jeopardy, Arson
J. McCool finds that the lower court properly convicted and sentenced defendant for capital murder. Contrary to defendant's argument, his second trial did not violate double jeopardy principles. The evidence does not show that the state "intentionally provoked" defendant into moving for a mistrial during the first trial. Also, the court concludes that "Section 9 does not bar retrial of a defendant" under the circumstances. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-21-0199, Categories: Criminal Procedure, murder, double Jeopardy
[Consolidated.] J. Floyd finds the lower court improperly sentenced one of the gang member for two murder charges stemming from the same murder, where the gang members shot and killed a rival as he left the laundromat. However, two life sentences for the other gang member are supported by the record. Vacated in part.
Court: 4th Circuit, Judge: Floyd, Filed On: January 10, 2024, Case #: 16-4844, Categories: murder, double Jeopardy, Gangs
J. Johnson finds that the district court should not have acquitted defendant of second degree murder. In this case, the non-unanimous, illegal, non-responsive verdict returned by the jury does not serve to acquit defendant of the second degree murder charge under Robinson. Further, double jeopardy does not apply, and the state can retry defendant on the second degree murder charge. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: September 20, 2023, Case #: 23-KA-50, Categories: Jury, murder, double Jeopardy
J. Kethledge finds the double jeopardy clause did not preclude defendant from being charged with murder for the death of his son several years after he pleaded guilty to a child endangering charge. Although the lesser-included offense of manslaughter was initially included in the original indictment, it was dismissed as part of the plea agreement. A criminal defendant is only "in jeopardy" when a court or jury has the power to determine guilt or innocence, and because the manslaughter charge was dropped before it could be placed before any trier of fact, defendant cannot seek to dismiss the murder charge on double jeopardy grounds. Affirmed.
Court: 6th Circuit, Judge: Kethledge, Filed On: August 21, 2023, Case #: 21-4229, Categories: murder, double Jeopardy, Plea
J. Tufte finds that the district court properly entered criminal judgment after a jury found defendant guilty of murder, robbery, and aggravated assault. Defendant argues his rights to a public trial and against double jeopardy were violated and the district court erred in instructing the jury and admitting a video of the victim. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 17, 2023, Case #: 2023ND152, Categories: Constitution, murder, double Jeopardy
J. Hart finds that defendant's double jeopardy protections were not violated when he was tried for a murder after having been acquitted in Mexico. The cooperation of Colorado authorities in the Mexican prosecution did not bar the application of the dual-sovereignty doctrine to his prosecution in Colorado since the cooperation did not meet the threshold of control that would make the Mexican prosecution a tool of Colorado's jurisdiction. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: June 20, 2023, Case #: 21SC473, Categories: murder, double Jeopardy
J. Corrigan finds that the trial court properly sentenced defendant to death on murder, rape, torture, kidnap and firearm convictions. Though his original death judgment was reversed because a juror had been improperly discharged during the penalty phase, a retrial again ended with a death judgment. As with instructional, evidentiary or prosecutorial misconduct errors, an error in discharging a juror does not bar retrial on double jeopardy grounds. Also, he failed to support his due process, ineffective assistance, death penalty statute and other challenges. Affirmed.
Court: California Supreme Court, Judge: Corrigan, Filed On: June 8, 2023, Case #: S189373, Categories: Death Penalty, murder, double Jeopardy
J. Lobrano finds that the trial court improperly granted defendant's motion to quash charges in an indictment for murder and obstruction of justice in a murder investigation. Reindictment on the charges after the jury was dismissed pursuant to a mistrial did not put defendant in double jeopardy. Defendant cannot show that the dismissal in the earlier case operates as an acquittal. Dismissal did not terminate jeopardy that had attached when the jury in the earlier trial was sworn in. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: June 6, 2023, Case #: 2023-KA-0066, Categories: murder, double Jeopardy
J. Johnson reverses and remands for a new trial the murder and attempted murder convictions of a 19-year-old defendant sentenced to 56 years in state prison. The trial court erred by refusing to provide certain jury instructions requested by defendant, including the specific intent required for attempted murder. The defendant claims the murder victim was a good friend of his from the school swim team and he did not know a codefendant was armed for a planned drug rip-off. The codefendant was acquitted of all charges.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 210848, Categories: murder, double Jeopardy, Jury Instructions
J. Vigil finds a lower court partially erred in convicting defendant of multiple counts of felony murder following an alleged burglary-murder at a drug den. While defendant is right that prosecutors should not have been able to “impose more than one homicide conviction for one death” and that his double jeopardy rights were therefore violated, defendant has not shown why evidence in the case should have been suppressed nor why the judge should have been forced to recuse himself. Reversed in part.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 22, 2023, Case #: S-1-SC-39142, Categories: Drug Offender, murder, double Jeopardy