Merit Decision: Court Permits Fifth Retrial of Defendant Incarcerated for Fourteen Years Without a Lawful Conviction. State v. Anderson.
16 Sep 2016, 12:20 pm
United States v. [read post]
10 Oct 2011, 5:07 pm
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]