Does the Double Jeopardy Clause apply under the Federal and New York State Constitution?
"New York", United States of America
The following excerpt is from People v. Abram, 178 Misc.2d 120, 680 N.Y.S.2d 414 (N.Y. City Ct. 1998):
The prosecutor argues that the Double Jeopardy Clause of the Federal and New York State Constitution does not apply under the circumstances of these cases based on Hudson v. United States, 522 U.S. 93, 118 S.Ct. 488, 139 L.Ed.2d 450.
"The most advanced legal research software ever built."
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 existence and prosecution of civil forfeiture proceedings by the federal or state government constitute double jeopardy under the federal constitution? (MultiRegion, United States of America)
Does a federal indictment against a defendant in a federal racketeering case that was previously a state prosecution violate the Fifth Amendment's double jeopardy clause? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Does the Double Jeopardy Clause apply to federal prosecution? (MultiRegion, United States of America)
Can a defendant argue for the first time on appeal that the dual sovereign exception to the double jeopardy clause does not apply because the forfeiture was a federal forfeiture? (MultiRegion, United States of America)
Does the Double Jeopardy Clause of the Constitution apply? (MultiRegion, United States of America)
What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Does section 924(c)(1) of the Criminal Code of the United States violate the Double Jeopardy Clause of the US Constitution by imposing cumulative punishment on a defendant convicted of a charge of using a deadly weapon or dangerous weapon or device? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
