Does the doctrine of double jeopardy bar a retrial of an allegation of sexual assault after a reversal on the grounds of evidentiary insufficiency?
California, United States of America
The following excerpt is from People v. Scott, 102 Cal.Rptr.2d 622, 85 Cal. App. 4th 905 (Cal. App. 2000):
It is settled that the doctrine of double jeopardy will not bar the retrial of a prior conviction allegation after reversal on the ground of evidentiary insufficiency. (People v. Monge (1997) 16 Cal.4th 826, 843, 844-845 (Monge).) The principal issue which we consider in this appeal is whether such a retrial nonetheless may be barred on the ground of res judicata, collateral estoppel or law of the case.
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