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Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge

Loaded on Nov. 15, 2022 by Jacob Barrett published in Criminal Legal News December, 2022, page 32
Filed under: U.S. Sentencing Guidelines, Double jeopardy, New Trial/Judgment of Acquittal. Location: Louisiana.

by Jacob Barrett

In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and retrial of a defendant on a higher charge when he has been lawfully convicted of a lesser included offense, even though the conviction was later vacated, and further held ...

 

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  2. Sixth Circuit: District Court Confused ‘Attenuation Doctrine’ and ‘Inevitable Discovery Exception’ in Applying Exclusionary Rule, by Anthony Accurso
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