Does the Double Jeopardy Clause bar a defendant from a retrial on the same charges if they have been found guilty of the same same charges on appeal?

MultiRegion, United States of America

The following excerpt is from Hoffler v. Bezio, Docket No. 11-5281-pr (2nd Cir. 2013):

Where a defendant placed in jeopardy at trial is acquitted, jeopardy terminates with the judgment of acquittal, and the Double Jeopardy Clause bars retrial. See, e.g., Boyd v. Meachum, 77 F.3d at 63. But where jeopardy has attached and a defendant is convicted, retrial on the same charges is not constitutionally barred where it results from a reversal of conviction based on the defendant's own successful demonstration of trial error on appeal. See id. In such circumstances, the law does not view jeopardy as terminating or the retrial as putting a defendant in jeopardy a second time. See id. Rather, it views the retrial as "a facet of the original jeopardy." Id. (observing that "first jeopardy does not end with conviction, but rather continues through the appeal, and if successful, the remand and retrial are part of the original jeopardy").

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