cdTOCtest
DOUBLE JEOPARDY,DOUBLE JEOPARDY,DOUBLE JEOPARDY,DOUBLE JEOPARDY,DOUBLE JEOPARDY, COLLATERAL ESTOPPELCOLLATERAL ESTOPPELCOLLATERA ...
Original jeopardy continues until criminal proceed- ings have “run their full course.” Price v. Georgia, 398 U.S. 323, 90 S.Ct. ...
of parole, not a proceeding designed to punish a criminal defendant for violation of a criminal law. Finally, with respect to a ...
B. Acquittals after Deliberation of Verdict In United States v. Martin Linen Supply Co., 430 U.S. 564, 97 S.Ct. 1349, 51 L.Ed.2d ...
standing principle that a defendant may not be retried after acquittal even if the legal ruling underlying the acquittal was cle ...
jeopardy did not preclude the ordering of a new hearing limited solely to the question of the admissibility of the breathalyzer ...
case for determination whether the only proof of recklessness were intoxication, for if so, then the offenses would be the same ...
Halper led to numerous double-jeopardy-based attacks on forfeiture, but in 1996, the United States Supreme Court held in United ...
conduct. R. 3:15-1(b); N.J.S.A. 2C:1-8b. Unjoined offenses that should have been joined may later be barred. Because the rule ha ...
her with third-degree theft. She was subsequently indicted in Superior Court. Nevertheless, defendant successfully moved for dis ...
was innocent; defendant had asked for the dismissal; and there was no prosecutorial bad faith. State v. Andrial, 203 N.J. Super. ...
State v. Torres, 328 N.J. Super. 77 (App. Div. 2000), reversed the trial court’s grant of defendant’s mistrial request. In his o ...
necessity was not to be interpreted literally. The basis for the mistrial will often determine the degree of scrutiny to be give ...
In State v. Dunns, 266 N.J. Super. 349 (App. Div. 1993), certif. denied, 134 N.J. 567 (1993), the Appellate Division dismissed a ...
appeal by the Government from his successful effort to do so is not barred by 18 U.S.C. § 3731,” which permits appeals not barre ...
ruling without running afoul of the Double Jeopardy Clause.” In Wilson, a post-guilty-verdict dismissal based on denial of a spe ...
397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970), to be an element of double jeopardy protection. In a criminal setting, howev ...
reversed the denial of the second defendant’s motion and held that he should have the benefit of his codefendant’s earlier rulin ...
X. FEDERAL-STATE RELATIONS AND DUAL SOVEREIGNTY Former prosecution in one jurisdiction does not bar prosecution in another juris ...
the court concluded that the same conduct was not involved in the federal and State crimes. XI. RESENTENCE AFTER APPEAL OR ON DE ...
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