Search for: "Lockhart v. Nelson" Results 1 - 6 of 6
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13 Feb 2014, 7:38 pm by Mary Pat Dwyer
Michigan – which held that a finding of insufficient evidence precludes retrial under the Double Jeopardy Clause even if the finding is based on a legally erroneous analysis – or the cases cited in Evans, overruled Lockhart v. [read post]
10 Oct 2011, 5:07 pm by Brian Shiffrin
Relying on Matter of Campbell v Pesce (60 NY2d 165), the Court held thatAlthough the constitutional Double Jeopardy Clauses do not bar a second prosecution where the prior judgment of conviction has been vacated upon the defendant's motion or appeal because of an error in the proceedings (see Lockhart v Nelson, 488 US 33, 38; United States v Tateo, 377 US 463, 465-467), the 2003 judgment of conviction has never been vacated. [read post]
31 May 2007, 12:49 pm
"Justice Carrico joined in the dissent in the case of Lockhart v. [read post]
14 Feb 2014, 12:00 pm by Mary Pat Dwyer
Michigan – which held that a finding of insufficient evidence precludes retrial under the Double Jeopardy Clause even if the finding is based on a legally erroneous analysis – or the cases cited in Evans, overruled Lockhart v. [read post]