14 Jul '11 16:27>
Stupid!~
http://www.latimes.com/news/politics/la-pn-clemens-mistrial-20110714,0,1724711.story
http://www.latimes.com/news/politics/la-pn-clemens-mistrial-20110714,0,1724711.story
Originally posted by PhlabibitClemens adds one more K to his resume'
Stupid!~
http://www.latimes.com/news/politics/la-pn-clemens-mistrial-20110714,0,1724711.story
Originally posted by shortcircuit"Jeopardy" usually attaches when a jury is sworn in. The prosecutors are going to have an uphill climb convincing this judge that a new trial is allowable after such an egregious violation of his pre-trial ruling.
Clemens adds one more K to his resume'
I personally believe the government wasn't happy with the jury and they punted it with
thoughts on re-trial.
I will laugh my butt off if Judge Walton disallows the re-trial on "double jeopardy",
although I feel that is unlikely.
Originally posted by shortcircuitThere is no applicable double jeapordy in a mistrial. DJ is applicable only after a judgment has been rendered and the state wants a second go at it. Since no adjudication took place Clemens can be retried. It is unlikely it will happen, but door wide open.
Clemens adds one more K to his resume'
I personally believe the government wasn't happy with the jury and they punted it with
thoughts on re-trial.
I will laugh my butt off if Judge Walton disallows the re-trial on "double jeopardy",
although I feel that is unlikely.
Originally posted by scacchipazzoYou know about as much about law as you do about sports (i.e. very little). It is very unclear if Clemens can be re-tried:
There is no applicable double jeapordy in a mistrial. DJ is applicable only after a judgment has been rendered and the state wants a second go at it. Since no adjudication took place Clemens can be retried. It is unlikely it will happen, but door wide open.
Originally posted by no1marauderActually I do happen to know a bit about law. I repeat. No adjudication means door wide open to retry. There is no double jeapardy without adjudication. Clemens may not be retried, but it will not be because of double jeapardy. Plain and simple.
You know about as much about law as you do about sports (i.e. very little). It is very unclear if Clemens can be re-tried:
Moments after he declared a mistrial on Thursday, U.S. District Judge Reggie Walton wondered aloud to the packed courtroom, "Now we must address whether the defendant [Clemens] can be re-prosecuted."
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Originally posted by scacchipazzoI'll take a judge's "musing" over yours any time. Here's a case from a few months ago where there was no conviction or acquittal, but where prosecutor misconduct was deemed so egregious that DJ banned a retrial:
Actually I do happen to know a bit about law. I repeat. No adjudication means door wide open to retry. There is no double jeapardy without adjudication. Clemens may not be retried, but it will not be because of double jeapardy. Plain and simple.
"Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or s a jurist does not become case law. Judge may wonder all he wants, but door is still open.
Originally posted by no1marauderBanning of a re-trial does not double jeopardy make, nor does judicial musings. in Clemens' case there was no prosecutorial misconduct, just "error". I guess you fail to grasp the simple concept of "no adjudication means no double jeopardy". I don't care whether you take my comments over a judge's musings. Both you and the judge are wrong! A mistrial means there is NO ADJUDICATION! IF YOU ADJUDICATE THEN YOU CAN'T RETRY! A mistrial means there can be a new trial. Whether there is one or not has nothing to do with double jeopardy! Because a different judge on a different case ruled there could be no new trial is irrelevant to the case at hand. Apples and oranges.
I'll take a judge's "musing" over yours any time. Here's a case from a few months ago where there was no conviction or acquittal, but where prosecutor misconduct was deemed so egregious that DJ banned a retrial:
On March 14, 2011, the South Carolina Supreme Court ruled that prosecutors may not retry Jack Edward Earl Parker for murder after h ...[text shortened]... supreme-court-rules-double-jeopardy-applies-after-prosecutor-intentionally-caused-mistrial/
Originally posted by scacchipazzoHolding yer breath till you turn blue does not an argument make. The South Carolina case clearly ruled that a retrial was banned on DJ grounds even though there was a mistrial. You stomping your feet doesn't change that.
Banning of a re-trial does not double jeopardy make, nor does judicial musings. in Clemens' case there was no prosecutorial misconduct, just "error". I guess you fail to grasp the simple concept of "no adjudication means no double jeopardy". I don't care whether you take my comments over a judge's musings. Both you and the judge are wrong! A mistrial me ...[text shortened]... ruled there could be no new trial is irrelevant to the case at hand. Apples and oranges.