Reply #23

In the discussion thread: Supreme Court Allows Arkansas Second Shot At Murder Trial In Double Jeopardy Dispute [View all]

Response to jeff47 (Reply #21)

Thu May 24, 2012, 05:02 PM

jayfish (6,961 posts)

23. Fair Enough.

SCOTUS had a chance to fix that and let it slide.

...Pointing to decisions from courts in six states with criminal conviction procedures similar to those in Arkansas, Sotomayor further argued that "the Double Jeopardy Clause requires a trial judge, in an acquittal-first jurisdiction, to honor a defendant's request for a partial verdict before declaring a mistrial on the ground of jury deadlock."

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34 replies	Author	Time	Post
Supreme Court Allows Arkansas Second Shot At Murder Trial In Double Jeopardy Dispute [View all]	Eugene	May 2012	OP
centuries of law GONE	wwytchwood	May 2012	#1
This sort of jeopardy issue has happened before, actually.	AtheistCrusader	May 2012	#9
There was no verdict.	jeff47	May 2012	#12
It would appear that way to me, but his attorney must have seen it differently.	freshwest	May 2012	#25
These circumstances seem rather unique and not likely to occur again often, if at all.	Ian David	May 2012	#2
Sounds Like These Circumstances Are About To Become A Whole Lot More Commonplace.	jayfish	May 2012	#16
If Arkansas presented its best case for capital and first degree murder	shawn703	May 2012	#3
Plea-bargain ammo (nt)	jeff47	May 2012	#8
Sotomayor discusses that issue in her dissent. n/t	PoliticAverse	May 2012	#11
They Have Unlimited Power and Funding.	jayfish	May 2012	#17
Because the prison industry needs bodies	underpants	May 2012	#27
More details/background on the case can be found...	PoliticAverse	May 2012	#4
Justice Sotomayor's dissent is fucking brilliant.	The Stranger	May 2012	#5
VVV	The Stranger	May 2012	#13
Roberts, Thomas, Scalia, Alito, Kennedy, and Breyer in the majority	Freddie Stubbs	May 2012	#6
Same group of activist judges who claimed to follow preexisting laws but keep creating their ow	Auntie Bush	May 2012	#33
Breyer is usually not on the side of conservatives	Freddie Stubbs	May 2012	#34
If there was a mistrial, he was not acquitted.	jeff47	May 2012	#7
Exactly. Jeopardy still exists under that circumstance.	AtheistCrusader	May 2012	#10
I Think You Missed Something.	jayfish	May 2012	#14
Settled authority does not allow the attachment of jeopardy to be subject to	The Stranger	May 2012	#15
Point being the staetment in court did not mean they could not convict	jeff47	May 2012	#18
The Judge Erred By Not Allowing...	jayfish	May 2012	#19
It wasn't the judge. That's AR state law. (nt)	jeff47	May 2012	#21
Fair Enough.	jayfish	May 2012	#23
But they didn't. They were deadlocked on the last charge, which necessarily means they had	The Stranger	May 2012	#20
I know what they said. But what they said at that point wasn't binding.	jeff47	May 2012	#22
They couldn't announce that they had acquitted on the first charges,	The Stranger	May 2012	#30
They hadn't acquitted. They voted to.	jeff47	May 2012	#32
Here is the actual Court Opinion	happyslug	May 2012	#24
Two experts compared the injuries to that of a serious car accident	udbcrzy2	May 2012	#26
This court is a joke - police can cavity search you for anything (a means of coercing a confession)	underpants	May 2012	#28
We've already dispensed with habeas corpus (Gitmo) and torture (Abu Ghraib), so	coalition_unwilling	May 2012	#29
Wasn't acquitted, double jeopardy doesn't attach	dpbrown	May 2012	#31

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