What is the test for determining whether prosecution of a defendant constitutes double jeopardy?
MultiRegion, United States of America
The following excerpt is from U.S. v. Martinez, 977 F.2d 593 (9th Cir. 1992):
Whether reprosecution of a defendant constitutes double jeopardy is a legal question which we review de novo. United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991). The district court's decision not to hold an evidentiary hearing is reviewed for an abuse of discretion. United States v. Walczak, 783 F.2d 852, 857 (9th Cir.1986).
"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
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a defendant's right not to be placed in double jeopardy has been violated? (MultiRegion, United States of America)
What is the test for determining whether two conspiracy counts charge the same offense and thereby place a defendant in double jeopardy? (MultiRegion, United States of America)
What is the test for determining whether a defendant has exhausted his state court remedies on his double jeopardy and due process claims? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
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)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
Are there any cases where a defendant has been prosecuted under the Double Jeopardy Clause? (MultiRegion, United States of America)
Does a federal task force have a right to determine whether a criminal case should be referred for federal prosecution rather than state prosecution? (MultiRegion, United States of America)
