What is the case law on double jeopardy in the context of a criminal case?
California, United States of America
The following excerpt is from People v. Newton, 155 Cal.App.4th 1000, 66 Cal.Rptr.3d 422 (Cal. App. 2007):
The Texas case cited by the prosecution, (Spradling v. State (Tex.Crim.App.1989) 773 S.W.2d 553), addressed double jeopardy issues but, notably, is a three-to-three decision, a tie vote that resulted in an affirmance of the decision of the intermediate appellate court. We find the Wisconsin case, the only other case cited by the prosecution, State v. Hartnek (1988) 146 Wis.2d 188 [430 N.W.2d 361], less than persuasive.
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