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To: SmithL

"She had already been tried once in the death of Coy Hundley.

In that trial last April, she was acquitted of first-degree murder, and the jury deadlocked on all lesser charges. '

How can she be tried a second time for the same offence? Isn't that double jeopardy?


3 posted on 10/28/2005 10:13:01 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: bk1000
How can she be tried a second time for the same offence? Isn't that double jeopardy?

She was aquitted on the 1st degree murder charge. Likely, she was charged and tried a second time because a jury deadlocked on the lesser charges (whatever they may have been).

9 posted on 10/28/2005 10:15:50 AM PDT by Bloody Sam Roberts (If you decide to kick the tiger in the ass...you'd better be prepared to deal with the teeth.)
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To: bk1000; Froufrou; Bloody Sam Roberts; GrandEagle

>>>>How can she be tried a second time for the same offence? Isn't that double jeopardy?

Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried.

patent


19 posted on 10/28/2005 10:21:31 AM PDT by patent (A baby is God's opinion that life should go on. Carl Sandburg)
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To: bk1000

Sounds like double jeopardy to me. The prosecution should be able to take their best, most likely shot.

One time. One time only.

IMHO, somebody here has conspired to violate her constitutional rights, but it's hard to say, because this was not a federal trial. Not sure what the State constitution of Tennessee says.


21 posted on 10/28/2005 10:23:44 AM PDT by djf (Government wants the same things I do - MY guns, MY property, MY freedoms!)
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To: bk1000

Are you sure that it wasn't a mistrial?


48 posted on 10/28/2005 10:57:16 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: bk1000
She has been tried again for the "same offense." It's a different offense (involuntary manslaughter) arising from the same act (homicide).
123 posted on 10/28/2005 8:58:54 PM PDT by Bonaparte
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To: bk1000
Better make that, "she has NOT been tried twice for the same offense."
124 posted on 10/28/2005 9:00:15 PM PDT by Bonaparte
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