Is a defendant entitled to a retrial in his sexual assault case if the prosecution fails to produce evidence which it did not present at the first trial?
California, United States of America
The following excerpt is from Ernst v. Municipal Court, 104 Cal.App.3d 710, 163 Cal.Rptr. 861 (Cal. App. 1980):
A retrial, which is more than that to which defendant is legally entitled, will not result in the prosecution having an opportunity to muster evidence which it failed to present at the first trial. Hence, the rationale of Burks v. United States, supra, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1, is not applicable.
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