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First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial

Loaded on Jan. 15, 2021 by Douglas Ankney published in Criminal Legal News February, 2021, page 18
Filed under: Death Penalty, Double jeopardy, Mistrial Motion. Location: Puerto Rico.

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit ruled that the Government is barred – on double jeopardy grounds – from seeking the death penalty at the retrial of Alexis Candelario-Santana because the jury’s verdict that did not impose the death sentence at Candelario’s first trial ...

 

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More from this issue:

  1. Staggering Injustice, by Derek Gilna
  2. Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
  3. Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
  4. Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
  5. Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
  6. Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
  7. First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial, by Douglas Ankney
  8. Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, by Dale Chappell
  9. California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
  10. Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
  11. Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
  12. New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful, by Douglas Ankney
  13. Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
  14. Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
  15. Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
  16. Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
  17. Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
  18. Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
  19. Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs, by Dale Chappell
  20. Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, by Anthony Accurso
  21. SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
  22. Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
  23. New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
  24. Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
  25. Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment, by Dale Chappell
  26. Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop, by Anthony Accurso
  27. Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process, by David Reutter
  28. California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, by Anthony Accurso
  29. Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area, by Anthony Accurso
  30. Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent, by Dale Chappell
  31. Data Expose Demographics of Police Dog Bites, by Jayson Hawkins
  32. Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released, by Douglas Ankney
  33. When a Hung Jury Is Enough, by Jayson Hawkins
  34. Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses, by Casey Bastian
  35. Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, by Casey Bastian
  36. Inadequate and Outdated Training Results in Wild West Policing, by Michael Fortino, Ph.D
  37. New Michigan Law Expands Criminal Records Expungement, by Casey Bastian
  38. Athlete Settles Tasing Suit Against Milwaukee Police, by Edward Lyon
  39. Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, by Dale Chappell
  40. Police Unions Block Meaningful Criminal Justice Reform, by Casey Bastian
  41. How Arkansas Criminalizes Poverty, by Jayson Hawkins
  42. California Law Enforcement Strikes Out in 2020 Elections, by Kevin Bliss
  43. Massive Corruption of a Baltimore Task Force Exposed, by Casey Bastian
  44. NYPD Agrees to Alter Religious Headwear Policy, by Casey Bastian
  45. Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, by Douglas Ankney
  46. Prosecutors Who Demand Accountability From Everyone But Themselves, by Casey Bastian
  47. News in Brief
  48. Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation, by Dale Chappell

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