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Keyword: doublejeopardy

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  • Supreme Court Unanimously Overturns Illinois Court On Fifth Amendment Rights

    05/29/2014 8:05:11 AM PDT · by Bratch · 59 replies
    Breitbart's Big Government ^ | May 28, 2014 | KEN KLUKOWSKI
    The U.S. Supreme Court unanimously smacked down the Illinois Supreme Court in President Barack Obama’s home state for violating the Fifth Amendment. Almost always the Supreme Court chooses to take a case (called granting a writ of certiorari) from a federal appeals court or a state supreme court by setting the case for briefing and argument. The Court receives 8,000 petitions for certiorari per year, and it grants fewer than 80.Yet in this case of Martinez v. Illinois, the justices took the very rare step of deciding the whole case just based on the petition filed with them requesting review. The...
  • Knox’s knife DNA casts doubt on murder weapon

    11/06/2013 9:55:55 AM PST · by Olog-hai · 8 replies
    Associated Press ^ | Nov 6, 2013 12:26 PM EST | Colleen Barry
    A court-appointed expert testifying in U.S. student Amanda Knox’s third murder trial in Italy said Wednesday that a new trace of DNA found on the handle of the knife alleged to have been the murder weapon belongs to Knox and not the victim. That testimony bolsters the defense, which claims the kitchen knife was not the weapon used in the bloody 2007 slaying of Knox’s British roommate, 21-year-old Meredith Kercher. …
  • Freepers help me out here..what am I looking at?

    08/10/2013 10:37:32 PM PDT · by OL Hickory · 71 replies
    Seminole County Clerk of Courts ^ | 08/08/2013 | maryanne morse
    08/08/2013-MOTION REINSTATE AND CONTINUANCE AGAINST ABOVE NAME DEFENDANT GEORGE ZIMMERMAN
  • Double Jeopardy: NAACP Wants DOJ to Pursue Civil Rights Violation Charges Against George Zimmerman

    07/13/2013 10:55:24 PM PDT · by 2ndDivisionVet · 96 replies
    PJ Tatler ^ | July 13, 2013 | Bryan Preston
    In perhaps the least surprising development of the night, the NAACP is going all out to continue the prosecution of George Zimmerman. The group announced its intentions in a press release. July 13, 2013 (Orlando) The National Association for the Advancement of Colored People released the following statement on the acquittal of George Zimmerman for the killing of Trayvon Martin: NAACP Chairman Roslyn M. Brock: “Today, justice failed Trayvon Martin and his family,” said Roslyn M. Brock, Chairman of the NAACP. “We call immediately for the Justice Department to conduct an investigation into the civil rights violations committed against Trayvon...
  • Scarborough Says Lack Of African-American Jurors Makes Zimmerman Verdict Subject To Appeal

    06/24/2013 5:04:48 AM PDT · by governsleastgovernsbest · 66 replies
    NewsBusters ^ | Mark Finkelstein
    Do the words "double jeopardy" ring a bell, Joe? In 2012, shortly after Trayvon Martin was killed, and when few facts were available, Joe Scarborough didn't hesitate to brand George Zimmerman a "murderer." Scarborough's pro-prosecution bias was on display again on Morning Joe today, when he declared that the absence of African-Americans on the George Zimmerman jury would "immediately" make a verdict subject to appeal. Really? So if this jury were to acquit Zimmerman, the prosecution would have a valid basis to overturn the verdict on appeal? Sure sounds like double jeopardy—but Scarborough never raised that concern. View the video...
  • Justices Uphold Retrials Even After Juries Reject Charges [Women on SCOTUS vote to free baby killer]

    05/25/2012 6:08:23 AM PDT · by SoFloFreeper · 10 replies
    NY TIMES ^ | 5/25/12 | Adam Liptak
    The Supreme Court ruled on Thursday that a criminal defendant may be retried even though the jury in his first trial had unanimously rejected the most serious charges against him. The vote was 6 to 3, with the justices split over whether the constitutional protection against double jeopardy barred such reprosecutions.
  • Supreme Court says double jeopardy does not protect against murder retrial

    05/24/2012 8:08:26 PM PDT · by Olog-hai · 102 replies
    Washington Post ^ | Thursday, May 24 2012, 5:49 PM | Robert Barnes
    Arkansas may retry a man for murder even though jurors in his first trial were unanimous that he was not guilty, the Supreme Court ruled Thursday. Alex Blueford, who is accused of killing his girlfriend’s 1-year-old son, is not protected by the Constitution’s Double Jeopardy Clause, the court ruled in a 6 to 3 decision. Because the judge dismissed the jury when it was unable to reach agreement on lesser charges, Blueford was not officially cleared of any of the charges, the majority said, and thus may be retried. “The jury in this case did not convict Blueford of any...
  • Shenandoah-area men convicted of hate crime (illegal immigrant/Fair Housing Act)

    10/16/2010 6:06:23 PM PDT · by Born Conservative · 26 replies · 1+ views
    News Item (Shamokin PA) ^ | 10/15/2010 | Peter Bortner
    SCRANTON - Brandon J. Piekarsky will spend his 19th birthday behind federal prison bars after a jury on Thursday convicted him and his friend, Derrick M. Donchak, of a hate crime for participating in the fatal beating of an illegal Mexican immigrant in Shenandoah. In a case that has attracted international attention, the all-white jury of six men and six women found Piekarsky, 18, of Shenandoah Heights, and Donchak, 20, of Shenandoah, guilty of violating the federal Fair Housing Act by assaulting Luis Eduardo Ramirez Zavala. Donchak and his parents sobbed, and Piekarsky grimaced, as federal marshals handcuffed the pair...
  • X/11: The Usual Suspects, Respawned

    04/25/2008 9:30:44 AM PDT · by J Aguilar · 6 replies · 334+ views
    Libertad Digital ^ | 14 April 2008 | Luis del Pino
    Because of them, telephone taping was carried out a year before the massacre.Two of the Moroccoan Islamist Fugitives Were the Key to Investigate Jamal Zougham Before 3/11.LD (Luis del Pino) The surprising flight of nine Islamists from a Moroccan prison last week has taken an unexpected turn, when it was discovered that two of them, the Chatbi brothers, were allegedly linked to the top sentenced for 3/11, Jamal Zougham, and his stepbrother Mohamed Chaoui, arrested like Zougham on March 13th, but released a few weeks after the Madrid attacks. Although that relation between Zougham and the Chatbi brothers was finally...
  • Alleged Nazi guard gets stay of deportation

    04/14/2009 2:06:24 PM PDT · by Justaham · 24 replies · 580+ views
    MSNBC ^ | 4-14-09
    CLEVELAND - The return of alleged Nazi death camp guard John Demjanjuk to Germany for trial on war crimes was delayed again Tuesday by a federal court, shortly after six immigration officers removed the retired autoworker from his suburban Cleveland home in a wheelchair. A three-judge panel of the 6th U.S. Circuit Court of Appeals granted a stay until it could further consider Demjanjuk's motion to reopen the U.S. case that ordered him deported, in which he says painful medical ailments would make travel to Germany torturous.
  • The True Haters

    04/14/2009 6:40:43 AM PDT · by seatrout · 49 replies · 1,417+ views
    Human Events ^ | 4/14/09 | Patrick J. Buchanan
    On Good Friday, John Demjanjuk, 89 and gravely ill, was ordered deported to Germany to stand trial as an accessory to the murder of 29,000 Jews -- at Sobibor camp in Poland. Sound familiar? It should. It is a re-enactment of the 1986 extradition of John Demjanjuk to Israel to be tried for the murder of 870,000 Jews -- at Treblinka camp in Poland. How many men in the history of this country have been so relentlessly pursued and remorselessly persecuted? The ordeal of this American Dreyfus began 30 years ago. In 1979, the Office of Special Investigations (OSI) at...
  • the 5th Amendment

    03/22/2009 6:29:34 PM PDT · by SunkenCiv · 16 replies · 921+ views
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property...
  • Double jeopardy in before US Supreme Court

    03/21/2009 10:59:37 AM PDT · by rgr · 18 replies · 2,018+ views
    news.aol.com/article ^ | 03/21/09 | JUAN A. LOZANO
    Double jeopardy in before US Supreme Court HOUSTON A former Enron Corp. executive is hoping a little known component of the Fifth Amendment's double jeopardy clause will help him avoid a retrial on charges related to financial fraud at the once mighty energy giant. Attorneys for F. Scott Yeager are set to present oral arguments before the U.S. Supreme Court on Monday on the issue of whether double jeopardy prevents prosecutors from retrying individuals after a jury votes not guilty on some charges, but fails to reach a verdict on others that share an element with the acquitted charges. Prosecutors...
  • Soldier cleared of murder in civilian court 18 years ago to face court-martial in the deaths

    08/18/2007 7:00:37 AM PDT · by brityank · 28 replies · 1,426+ views
    NCTimes ^ | August 17, 2007 | MIKE BAKER - Associated Press
    Soldier cleared of murder in civilian court 18 years ago to face court-martial in the deaths By: MIKE BAKER - Associated PressRALEIGH, N.C. -- A soldier cleared of a triple murder in civilian court 18 years ago will face a military court-martial for the same crimes, an Army general ordered Friday. The Army will try Master Sgt. Timothy Hennis on three counts of premeditated murder in the May 1985 deaths of Kathryn Eastburn, 31, and two of her daughters -- Kara Sue, 5, and Erin Nicole, 3. Hennis was convicted and sentenced to death for the crimes in 1986,...
  • Do school districts get away with eminent domain double jeopardy?

    08/14/2005 10:05:37 PM PDT · by WayneLusvardi · 4 replies · 330+ views
    The Pasadena Pundit ^ | August 14, 2005 | Wayne Lusvardi
    Do School Districts Get Away with Eminent Domain Double Jeopardy? by Wayne Lusvardi The Story of King Ahab's Taking of a Vineyard "Now Naboth the Hezreelite had a vineyard in Nezreel,beside the palace of Ahab king of Samaria. And after this Ahab said to Naboth, ?Give me your vineyard that I may have it for a vegetable garden, because it is near my house; and I will give you a better vineyard for it; or, if it seems good to you, I will give you its value in money.' But Naboth said to Ahab, ?The Lord forbids that I give...
  • (Michigan) Supreme Court rules 2 states can prosecute same crime

    04/08/2005 10:48:10 AM PDT · by Dan from Michigan · 20 replies · 448+ views
    ap ^ | 4-8-05
    Supreme Court rules 2 states can prosecute same crime 4/8/2005, 12:20 p.m. ET The Associated Press LANSING, Mich. (AP) — The state constitution's double jeopardy clause does not bar a man accused of stealing a car from being prosecuted in both Michigan and Kentucky, the Michigan Supreme Court has ruled. The justices, in a 5-2 ruling released Thursday, relied on a 1985 U.S. Supreme Court decision to say the states are sovereign entities that each have the power to punish. Justice Elizabeth Weaver wrote the opinion and was joined by Chief Justice Clifford Taylor and Justices Stephen Markman, Maura Corrigan...
  • Terry Nichols and Double Jeopardy

    03/27/2004 7:47:27 PM PST · by NovemberCharlie · 42 replies · 1,322+ views
    LewRockwell.com ^ | March 27, 2004 | William L. Anderson
    I suspect that if I were to take a poll in Oklahoma today as to whether or not the current trial of Terry Nichols is justified, the answer would be almost 100 percent in the affirmative. Nichols, after all, has been convicted in federal court for having a crucial role in the 1995 Oklahoma City bombing and received a life sentence. It is that sentence that has Oklahomans enraged, however, and now he is being tried on state charges of murder for one and only one reason: so he can receive the death penalty. If there ever was a case...
  • Britain to curb famous legal rule [elimination of prohibition against "double jeopardy"]

    11/21/2003 8:35:50 AM PST · by John Jorsett · 14 replies · 167+ views
    Houston Chronicle ^ | November 21, 2003 | ED JOHNSON
    LONDON -- The British Parliament on Thursday approved legislation to overturn "double jeopardy" protection for offenses such as murder, rape and armed robbery. The centuries-old legal rule prevents suspects being tried twice for a crime and is enshrined in the legal codes of many of Britain's former colonies, including the United States. But under the Criminal Justice Bill, introduced by Prime Minister Tony Blair's government, a person acquitted of certain serious offenses will face a second trial if compelling new details, such as DNA evidence, come to light. The legislation, hailed by the government as the biggest reform of Britain's...
  • Trial Starts for Virginia Man Charged With Writing Murder Confession

    01/14/2003 12:07:15 AM PST · by hotpotato · 3 replies · 156+ views
    <p>MANASSAS, Va. — A murder trial opened Monday for a man who was charged with killing a 16-year-old girl after mistakenly thinking a court ruling gave him carte blanche to brag to prosecutors about the crime.</p> <p>Paul W. Powell, 24, was sent to death row in 2000, a year after the girl was killed and her younger sister was attacked in their home. Authorities said Powell was angry with the 16-year-old for dating a black man.</p>
  • Some legal experts criticize ruling on 11-member juries - double jeopardy issue in mistrial ruling

    12/03/2002 3:38:32 PM PST · by MeekOneGOP · 1 replies · 242+ views
    Associated Press via The Tyler Morning Telegraph ^ | December 3, 2002 | Associated Press Staff
    Some legal experts criticize ruling on 11-member juries ASSOCIATED PRESS December 02, 2002 FORT WORTH, Texas (AP) - Some legal experts are criticizing the Texas Court of Criminal Appeals' recent ruling that judges are required to conduct trials with fewer than 12 jurors in certain situations. In a 6-3 decision released last month, the court ruled that a criminal court judge must proceed with 11 jurors if one dies or is declared unable to serve after being empaneled. Previously, judges could decide whether to permit the remaining jurors to hear testimony and render a verdict or to start over...
  • Double-jeopardy issue may free man in killing

    11/22/2002 5:42:42 AM PST · by MeekOneGOP · 16 replies · 316+ views
    The Dallas Morning News ^ | November 22, 2002 | By LAURIE FOX / The Dallas Morning News
    Double-jeopardy issue may free man in killing FW victim's mom, who helped get confession, upset as hearing set 11/22/2002 By LAURIE FOX / The Dallas Morning News FORT WORTH - After her son was murdered, Erma Walker helped authorities bring his killer to justice. She kept her ears open in her Fort Worth neighborhood. She called investigators every day, passing along bits of information. Police told her she helped secure the confession and 1999 life conviction of the man who twice shot her son, Edric Davis, 22, and dumped his body along the side of the road She's now...