Does the double jeopardy clause bar a defendant from a retrial on the same charge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cote, 51 F.3d 178 (9th Cir. 1995):

The only question pertinent to a resolution of the present case is whether a second trial is barred by the double jeopardy clause. 4 The double jeopardy clause bars a retrial on the same charge "when a defendant's conviction is reversed by an appellate court on the sole ground that the evidence was insufficient to sustain the jury's verdict." Lockhart v. Nelson, 488 U.S. 33, 39, 109 S.Ct. 285, 289, 102 L.Ed.2d 265 (1988). We must determine, therefore, on what grounds the defendants' convictions were reversed.

Other Questions


Does the Double Jeopardy Clause bar a defendant from a retrial on the same charges if they have been found guilty of the same same charges on appeal? (MultiRegion, United States of America)
Can a defendant who has been found not guilty of a charge under the Double Jeopardy Clause apply for a retrial after the grant of a mistrial? (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)
Does the double jeopardy clause bar a retrial of a defendant where the evidence presented at the original sentencing hearing was not sufficient to support enhancing his sentence? (MultiRegion, United States of America)
Does the double jeopardy clause bar a defendant from seeking a retrial if there is a mistrial? (MultiRegion, United States of America)
Does the double jeopardy clause apply to a defendant who has been acquitted of a similar charge? (MultiRegion, United States of America)
What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
Does the Double Jeopardy Clause preclude a retrial for a section 2232(c) charge of sexual assault? (MultiRegion, United States of America)
Does the Double Jeopardy Clause bar a retrial in this case? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.