Does the Attorney General have power to retry a defendant who has succeeded in having his conviction set aside on appeal?

California, United States of America

The following excerpt is from People v. Seel, 100 P.3d 870, 21 Cal.Rptr.3d 179, 34 Cal.4th 535 (Cal. 2004):

5. People v. Hernandez (2003) 30 Cal.4th 1, 131 Cal.Rptr.2d 514, 64 P.3d 800 does not aid the Attorney General. In that case, we explained that "generally, the double jeopardy guarantee imposes no limitation on the power to retry a defendant who has succeeded in having his conviction set aside on appeal on grounds other than insufficiency of evidence." (Id. at p. 6, 131 Cal.Rptr.2d 514, 64 P.3d 800, italics added.) Here, we are dealing with a double jeopardy claim based on an evidentiary insufficiency.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)

Does the Attorney General have the power to appeal against a finding that a defendant concealed a firearm in his shirt during a robbery? (California, United States of America)

Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)

Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)

In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)

How has the Attorney General responded to an opening brief from the Defendant on appeal for the conviction of assault with intent to murder? (California, United States of America)

Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling? (California, United States of America)

Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror? (California, United States of America)

Does the Double Jeopardy Clause apply to retry a defendant who has succeeded in persuading a court to set his conviction aside? (California, United States of America)

Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)

Does the Attorney General have power to retry a defendant who has succeeded in having his conviction set aside on appeal?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources