Is there a double jeopardy violation if the prosecution uses evidence stolen from a previous trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Jamison, 91 F.3d 156 (9th Cir. 1996):

Jamison contends the district court's ruling, allowing evidence of thefts from the earlier trial to be used in his present trial, violated his double jeopardy rights under the Fifth Amendment to the United States Constitution. We disagree. The prosecution did not use the evidence from the earlier trial. There was no double jeopardy violation. See United States v. Colacurcio, 514 F.2d 1, 6 (9th Cir.1975).

Other Questions


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 trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
Does the admission of prior convictions at trial violate the double jeopardy clause? (MultiRegion, United States of America)
Is there any case law that perjurious testimony during a criminal trial violated double jeopardy? (MultiRegion, United States of America)
What is the test for a motion for a new trial where newly discovered evidence indicates perjury by a prosecution witness at trial? (MultiRegion, United States of America)
Does the principle of double jeopardy bar further prosecution for an offense after an acquittal? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
In a federal habeas review of a claim of insufficient evidence, what is the meaning of the phrase "all evidence must be considered in the light of the prosecution"? (MultiRegion, United States of America)
Does a defendant have an obligation to raise a double jeopardy claim before the end of the trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.