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.
Texas Ag Ken Paxton’s Criminal Case Likely To Face Further Delays As Attorneys Revive Fights Over Venue, Prosecutor Pay
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 … Read More