Former jeopardy

Name: People v. Juarez
Case #: S219889
Court: CA Supreme Court
District CalSup
Opinion Date: 03/17/2016
  • Categories: Areas Constitutional Law, Defenses, Double Jeopardy, Former jeopardy, Immunity

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
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/15/2015
  • Categories: By Prosecutor, Defenses, Former jeopardy, Misconduct, Mistrial, Trial Proceedings

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
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 08/31/2010
  • Categories: Defenses, Former jeopardy

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
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/15/2003
Subsequent History: None
  • Categories: Defenses, Former jeopardy

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
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/17/2002
Subsequent History: Rev. granted 10/2/02. Depublished. See S109356
  • Categories: Challenges for Cause, Defenses, Former jeopardy, Trial Proceedings

The standard of review of the trial court’s 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
District 5 DCA
Opinion Date: 01/07/2002
Subsequent History: Rev. denied 3/20/02.
  • Categories: Areas Constitutional Law, Defenses, Double Jeopardy, Former jeopardy, Res judicata/collateral estoppel

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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