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
The following excerpt is from People v. VILLA, D056465, No. RIF133843 (Cal. App. 2011):
5 The United States Supreme Court "has consistently held that the Double Jeopardy Clause imposes no limitation upon the power of the government to retry a defendant who has succeeded in persuading a court to set his conviction aside, unless the conviction has been reversed because of the insufficiency of the evidence." (Oregon v. Kennedy (1982) 456 U.S. 667, 676, fn. 6.)
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