[Download] "County Of Los Alamos V. Tapia" by New Mexico Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: County Of Los Alamos V. Tapia
• Author : New Mexico Supreme Court
• Release Date : January 12, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

In the trial of a criminal case, after jeopardy attaches,*fn1 one of three outcomes is possible: The trial may be completed and the defendant acquitted; the trial may be completed and the defendant convicted; or the trial may not be completed at all, in which case it will have been aborted by some ruling of the trial court. In the first situation, it has been settled for almost a century that the Double Jeopardy Clause of the United States Constitution*fn2 precludes further prosecution of the defendant. United States v. Ball, 163 U.S. 662, 669, 16 S. Ct. 1192, 1194, 41 L. Ed. 300 (1896). Ball also firmly established that, in the second situation, reprosecution of the defendant is not barred if his or her conviction is set aside on appeal. Id. at 671-72, 16 S. Ct. at 1195.*fn3 The third situation has presented great difficulty for the courts; sometimes, depending on the reasons for the trial court's aborting the trial, double jeopardy will preclude a retrial; sometimes it will not.*fn4

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