Former jeopardy Archives

Categories: Areas Constitutional Law, Defenses, Double Jeopardy, Former jeopardy, Immunity

Summary

A complaint charges the "same offense" within the meaning of Penal Code 1387 if, as pleaded, either the new felony charge or a previously dismissed felony charge is necessarily included in the other charge. The defendants were charged with two…

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Name: People v. Bell

Case #: F064909

Opinion Date: 10/15/2015

Categories: By Prosecutor, Defenses, Former jeopardy, Misconduct, Mistrial, Trial Proceedings

Summary

Plea of former jeopardy based on prosecutorial goading must be tried to a jury unless the facts are uncontested and there is only one reasonable inference to draw from them. A group of gang members robbed a casino using assault…

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Name: Brown v. Superior Court

Case #: B221980

Opinion Date: 08/31/2010

Categories: Defenses, Former jeopardy

Summary

Generally, a defendant bears the burden of establishing a defense of double jeopardy. But, in the unique circumstance where the prosecution's strategic charging decisions and trial theory are inconsistent with the specificity of the evidence presented at trial, then the…

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Name: United States v. Ziskin

Case #: 02-50443

Opinion Date: 12/15/2003

Categories: Defenses, Former jeopardy

Summary

Because the defendant had participated in two distinct conspiracies, the second conspiracy indictment did not violate the guarantee against double jeopardy. The defendant had been charged in two separate proceedings, each charging him with conspiracy to import ecstasy and conspiracy…

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Name: People v. Alas

Case #: A092852

Opinion Date: 07/17/2002

Categories: Challenges for Cause, Defenses, Former jeopardy, Trial Proceedings

Summary

The standard of review of the trial courts removal of a juror during deliberations is a heightened abuse of discretion standard. The juror misconduct must appear as a "demonstrable reality." The trial court gave six reasons for dismissing a juror,…

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Name: People v. Sotello

Case #: F035027

Opinion Date: 01/07/2002

Categories: Areas Constitutional Law, Defenses, Double Jeopardy, Former jeopardy, Res judicata/collateral estoppel

Summary

Appellant was charged with a strike at a time when the strikes statute required personal use of a firearm . There was insufficient proof of personal use of a firearm when the prosecutor merely proved appellant was convicted of assault…

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