double jeopardy

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On November 28, 2007, Petitioner Alex Blueford was watching Matthew McFadden, Jr., his girlfriend's 20-month-old son, in their home. See Brief for Petitioner, Alex Blueford at 2. Shortly after Blueford began babysitting, McFadden stopped breathing. See...

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In 1992, Respondent Michael Bies was convicted of the kidnapping, murder, and attempted rape of a ten-year-old boy. See Bies v. Bagley, 519 F.3d 324, 327 (2008). Bies admitted to participating in the murder with the aid of an accomplice. See State v....

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Petitioner Juan Bravo-Fernandez traveled from Puerto Rico to Las Vegas, NV with petitioner Hector Martínez-Maldonado in May of 2005 to attend a boxing match. United States v. Bravo-Fernandez, 790 F.3d 41, 43 (1st Cir. 2015). Bravo was the president of...

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In March 2012, a large gun safe, containing cash, personal papers, and twenty firearms, was stolen from a home in Virginia. Currier v. Commonwealth at 1. A neighbor reported hearing loud noises coming from inside the home, and seeing an old, white...

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Overview

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the...

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[Question presented] [Issue] [Facts] [Discussion] [Analysis] Issue

Does the Double Jeopardy clause bar retrial when the trial judge directs a verdict of acquittal because the prosecution failed to prove a fact that was ultimately not an element of...

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On November 29, 2015, a police officer in Alabama pulled over Terance Gamble for a faulty headlight. Brief for Petitioner, Terance Gamble at 2. The officer smelled marijuana and decided to search Gamble’s car, where he found marijuana and a 9mm handgun...

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Reginald Lett was convicted for the shooting death of Adesoji Latona at a liquor store in Detroit, Michigan on August 29, 1996. See Lett v. Renico, 507 F.Supp.2d 777, 779 (E.D. Mich. 2007). Latona was a taxicab driver who was confronted by Lett and two...

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In November 2004, the government indicted F. Scott Yeager, Joseph Hirko, and Rex Shelby (“defendants”) on numerous counts of conspiracy to commit securities and wire fraud, securities fraud, wire fraud, insider trading, and money laundering. See United...