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Question about parole

AlbqOwl said:
So if I am tried and convicted of a crime, and that conviction is overturned by a higher court, I can still be tried again?
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Yes, of course you can be tried again.



If you are acquitted, then you cannot be tried again. But this is different.
 
Crovax said:
No, because overturning the conviction in this case is like the trial never happened. It was due to incompetence by the defense attorney.
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Do you mean he was convicted again of the same crime, or was this a different murder?
 
Crovax said:
No, because overturning the conviction in this case is like the trial never happened. It was due to incompetence by the defense attorney.
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That is double jeopardy. Overturning a trial means there was a trial. Cant be tried for the same crime twice.
 
Bodhisattva said:
That is double jeopardy. Overturning a trial means there was a trial. Cant be tried for the same crime twice.
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Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (i.e. such as incompetent defense).
 
Rogue Valley said:
Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (i.e. such as incompetent defense).
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Cool. Although you are supposed to quote a source when used...
 
How about this variation on the theme? I presented it to a DA friend and haven’t heard back yet. From a movie I saw. A man is about to be hanged for murder. Goes wild on the scaffold and somehow escapes, killing a man to do so. After he is captured, and before he can be executed, it comes out that he was innocent of the first killing. Does he get charged with homicide for the second?

If anyone remembers the name of the film, let me know. It was a western.
 
OP:

Crovax said:
Let's say someone get convicted of murder and gets sentenced to life in prison with eligibility for parole in 25 years. 20 years into thier sentence the conviction gets vacated but they are able to be retried. The get convicted again with the same sentence. Would they be eligible for parole in 5 years or would the clock start over?
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Then:

humbolt said:
Doesn't double jeopardy apply?
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Crovax said:
No, because overturning the conviction in this case is like the trial never happened. It was due to incompetence by the defense attorney.
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Bodhisattva said:
That is double jeopardy. Overturning a trial means there was a trial. Cant be tried for the same crime twice.
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If a conviction is thrown out on a motion for new trial, a 28 USC 2255 petition, a direct appeal, or any other method, then the defendant can be retried for that same crime. However, unless the defendant has engaged in other misconduct since the conviction, he cannot get a greater sentence after conviction following retrial. So, depending on the crime, the prosecution may not bother retrying him. But he absolutely can be retried if the conviction is vacated.

I'd also note that above you ask someone for a "source", but you provided no source for your claim that a person cannot be retried for a crime for which they were convicted but which conviction was thrown out.




The only exceptions to that spring to mind are if the reason for the conviction to be thrown out is egregious prosecutorial misconduct that renders it impossible (or somesuch word) for the defendant to receive a fair trial on retrial, or a speedy trial clause violation.
 
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MaggieD said:
No. A new trial isn’t double jeopardy. Old trial set aside. New trial begins.
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And I would guess the clock gets reset.

Old trial, old conviction, old sentence. New trial, new conviction, new sentence.

I'm not sure why that wouldn't be double jeopardy.
 
jimbo said:
And I would guess the clock gets reset.

Old trial, old conviction, old sentence. New trial, new conviction, new sentence.

I'm not sure why that wouldn't be double jeopardy.
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Actually, me neither. If the state fails to prove its case sufficiently, I think once is enough. I am sure many innocent people take a plea in cases of here we go again. They’re bankrupt.
 
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