Is there double jeopardy in a motion where evidence was erroneously admitted at trial?

California, United States of America

The following excerpt is from People v. Rekte, 181 Cal.Rptr.3d 912, 232 Cal.App.4th 1237 (Cal. App. 2015):

At oral argument, the People argued that if reversal is required because evidence was erroneously admitted at trial, double jeopardy is not implicated and the proper remedy is to remand for retrial. ( People v. Llamas (1997) 51 Cal.App.4th 1729, 1741, 60 Cal.Rptr.2d 357.) Remand for retrial is not a viable option where the inadmissible evidence was the sole evidence of guilt.

[232 Cal.App.4th 1248]

Because the prosecution did not produce reliable evidence of the offense, the judgment must be reversed.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)

In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)

What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)

How have the courts interpreted the double jeopardy provisions in double jeopardy cases? (California, United States of America)

What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)

Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)

In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)

Is there any case law supporting a motion for relief from default where the trial court refused to allow the appellant to present any evidence to refute the motion? (California, United States of America)

Is there double jeopardy in a motion where evidence was erroneously admitted at trial?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources