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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
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 …
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More from this issue:
- Staggering Injustice, by Derek Gilna
- Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
- Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
- Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
- 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
- Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
- 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
- Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, by Dale Chappell
- Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
- California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
- Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
- 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
- Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
- Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
- Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
- Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
- Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
- Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
- Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, by Anthony Accurso
- 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
- SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
- Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
- New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
- Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment, by Dale Chappell
- Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
- Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop, by Anthony Accurso
- California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, by Anthony Accurso
- Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process, by David Reutter
- Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area, by Anthony Accurso
- 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
- Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released, by Douglas Ankney
- Data Expose Demographics of Police Dog Bites, by Jayson Hawkins
- Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses, by Casey Bastian
- When a Hung Jury Is Enough, by Jayson Hawkins
- Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, by Casey Bastian
- Inadequate and Outdated Training Results in Wild West Policing, by Michael Fortino, Ph.D
- New Michigan Law Expands Criminal Records Expungement, by Casey Bastian
- Athlete Settles Tasing Suit Against Milwaukee Police, by Edward Lyon
- Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, by Dale Chappell
- Police Unions Block Meaningful Criminal Justice Reform, by Casey Bastian
- How Arkansas Criminalizes Poverty, by Jayson Hawkins
- Massive Corruption of a Baltimore Task Force Exposed, by Casey Bastian
- California Law Enforcement Strikes Out in 2020 Elections, by Kevin Bliss
- NYPD Agrees to Alter Religious Headwear Policy, by Casey Bastian
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, by Douglas Ankney
- Prosecutors Who Demand Accountability From Everyone But Themselves, by Casey Bastian
- Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation, by Dale Chappell
- News in Brief
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, Oct. 1, 2026. Jury Instructions, Double jeopardy, Failure to Object, Evidence - Integrity/Reliability of, Denial of Due Process.
- Florida Kills Two Prisoners on Same Day, Both Elderly, Sept. 1, 2026. Statistics/Trends, Death Penalty, Death Row, Lethal Injection Method of Execution.
- Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, Aug. 1, 2026. Double jeopardy, Appealable Issues/Orders, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- Idaho Will Recruit Law Enforcement Volunteers for Firing Squad Executions, July 1, 2026. Death Penalty, Method of Execution.
- Illinois Supreme Court Announces State Common Law and Statutory Issue Preclusion Protections Exceed Federal Double Jeopardy Protections, Holding Currier v. Virginia Does Not Constrain Illinois’s Independent Doctrine, July 1, 2026. Double jeopardy, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
- Texas Executes 600th Prisoner Since Reinstating Death Penalty in 1976, June 1, 2026. Racial Discrimination, Statistics/Trends, Death Penalty, Mental Retardation/Intellectual Disability.
- Idaho Moves Closer to Firing Squad Executions, May 1, 2026. Death Penalty, State Legislation, Method of Execution, Lethal Injection Method of Execution.
- Trump Approves Firing Squads for Federal Executions, May 1, 2026. Death Penalty, Domestic Violence, Cruel and Unusual Punishment, Method of Execution, Hate Crimes.
- Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense, April 1, 2026. Double jeopardy, Kidnapping, Abduction or Unlawful Restraint, Statutory Construction/Interpretation, Statement of Reasons, Multiple/Multiplicious Counts.
