Criminal Procedure > Habitual Felon > Evidence Issues
(According to the concurrence, the victim said, “If you need to hit me, hit me, but this isn’t the best way we have to remedy this concern.”). The defendant hit the victim and broke his jaw in two places, requiring surgery to repair the damage.
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If two entities derive their energy to punish from unbiased sources, then they could convey successive prosecutions. Conversely, if the entities draw their energy from the identical ultimate source, then they might not. While States are separate sovereigns from the federal authorities, Puerto Rico isn’t.
[that] bars retrial.” It discovered “no meaningful constitutional distinction between a trial courtroom’s ‘misconstruction’ of a statute and its faulty addition of a statutory factor.” It thus held that the midtrial acquittal within the case at hand was an acquittal for double jeopardy purposes. Double jeopardy barred the State’s enchantment of a trial court order dismissing expenses for insufficiency of the evidence. After quite a few continuances granted to the State because of its incapability to obtain its witnesses for trial, the defendant’s case was finally referred to as for trial. The defendant then moved for a directed not-guilty verdict, which the court docket granted. The Court held that double jeopardy barred the State’s try to enchantment, reasoning that jeopardy attached when the jury was sworn and that the dismissal constituted an acquittal.
The defendant argued that the trial courtroom erred in refusing to instruct the jury on AISBI. The majority stated that consent isn’t a protection to assault in North Carolina and held that the trial court docket didn’t err in refusing to instruct on consent for AISBI. When making its ruling, the trial court said that it would “think about anything else which may be requested,” short of dismissal or exclusion of the evidence, but the protection did not request different sanctions or remedies. The trial court docket did not abuse its discretion by denying the defendant’s movement to bar the State from introducing forensic proof related to his car the place the police impounded his vehicle in the course of the investigation, but subsequently lost it. The State’s evidence suggested that soil from the defendant’s automotive matched soil where the victims have been discovered.
The Court continued in Part III of the Opinion, which garnered solely four votes, rejecting Currier’s argument that even if he voluntarily consented to holding the second trial, that consent didn’t lengthen to the relitigation of any points the first jury resolved in his favor. This argument turned on problem preclusion ideas in civil cases that Currier invited the Court to import into the legal law through the Double Jeopardy Clause. As famous, nevertheless, this side of the Court’s opinion did not benefit from the help of a majority of the Court. When a defendant agrees to have costs in opposition to him thought of in two trials, he cannot later efficiently argue that the second trial offends the Double Jeopardy Clause. Currier and the government agreed to a severance, with the burglary and larceny charges to be tried first, adopted by a second trial on the felon-in-possession cost.
After the State rested in an arson prosecution, the trial court docket entered a directed verdict of acquittal on grounds that the State had offered inadequate evidence of a selected element of the offense. However, the trial court docket erred; the unproven “factor” was not really a required element in any respect. The Court noted that it had previously held in Arizona v. Rumsey, 467 U. 203, 211 , that a judicial acquittal premised upon a “misconstruction” of a felony statute is an “acquittal on the merits .
The court concluded that the record contained “ample evidence” to support the trial court docket’s conclusion that legislation enforcement had an excellent faith perception that the gadgets were to be destroyed and didn’t act in dangerous religion after they initiated destruction. The defendant met his former girlfriend and new boyfriend, the victim in the case, at a bar.
While those charges had been pending, federal grand juries also indicted them, based on the identical transactions, for violations of analogous federal gun trafficking statutes. The Court held that the separate sovereign doctrine (double jeopardy doesn’t bar successive prosecutions if they are introduced by separate sovereigns) didn’t apply.
The Double Jeopardy Clause bars Puerto Rico and the United States from successively prosecuting a single person for a similar conduct underneath equal criminal legal guidelines. Puerto Rican prosecutors indicted the defendant for illegally promoting firearms in violation of the Puerto Rico Arms Act of 2000.
But after the first trial ended in an acquittal, Currier argued that the second trial would violate double jeopardy. Alternatively he asked the trial court to forbid the federal government from relitigating within the second trial any problem resolved in his favor at the first. So, for example, he stated the trial courtroom should exclude from the brand new continuing any proof in regards to the housebreaking and larceny. The trial court rejected his arguments and allowed the second trial to proceed. After his unsuccessful attraction within the state courts, the Supreme Court granted evaluate.