JD Supra

Double Jeopardy Doesn’t Attach to Venue and Vicinage Clause Violations

The Supreme Court of the United States concluded that the Constitution’s Double Jeopardy Clause does not preclude retrial of a criminal defendant who was prosecuted in an improper venue and before a ...
SCOTUSblog

Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

So what would you expect if a state supreme court wrote an opinion directly inconsistent with “perhaps the most fundamental rule” of the Supreme Court’s jurisprudence in the area, an opinion that ...
JD Supra

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the ...
Washington Examiner

Does Constitution’s double jeopardy clause count for crimes on tribal land?

The Supreme Court on Tuesday heard arguments in a case asking justices to test whether criminal charges can be brought against a defendant in federal court after they have already been prosecuted in a ...
Law

Mangione Defense Counsel Legal Theory Undercuts Double Jeopardy Claims, Prosecutors Say

Mangione Defense Counsel Legal Theory Undercuts Double Jeopardy Claims, Prosecutors Say Luigi Mangione's defense counsel has stated the federal and state theories of her client's case are at odds.