Does the Double Jeopardy Clause bar a retrial in this case?

MultiRegion, United States of America

The following excerpt is from Dunkerley v. Hogan, 579 F.2d 141 (2nd Cir. 1978):

In reaching my conclusion that the Double Jeopardy Clause does not bar a retrial in this case, I start with the proposition that has remained basic to this area for over 150 years, ever since it was first applied in United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824):

Other Questions


What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
What is the burden of establishing that prosecutorial misconduct at the retrial of an accused violated the Double Jeopardy Clause of the Fifth Amendment? (MultiRegion, United States of America)
Does the double jeopardy clause bar a defendant from seeking a retrial if there is a mistrial? (MultiRegion, United States of America)
Does the Double Jeopardy Clause of the Fifth Amendment prohibit a retrial following acquittal? (MultiRegion, United States of America)
Can a defendant who has been found not guilty of a charge under the Double Jeopardy Clause apply for a retrial after the grant of a mistrial? (MultiRegion, United States of America)
Are there any cases where a defendant has been prosecuted under the Double Jeopardy Clause? (MultiRegion, United States of America)
Does a federal indictment against a defendant in a federal racketeering case that was previously a state prosecution violate the Fifth Amendment's double jeopardy clause? (MultiRegion, United States of America)
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)
Does the Double Jeopardy Clause bar a reversal of a jury verdict in a sexual assault case? (MultiRegion, United States of America)
Does the double jeopardy clause bar a defendant from a retrial on the same charge? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.