A criminal defendant who moves for a new trial does not necessarily waive double jeopardy arguments in future proceedings, the state Superior Court has ruled in a holding that overturns a more than five-year-old decision.
On Jan. 9, a nine-judge panel decided to allow a convicted defendant’s double jeopardy arguments to go forward following the defense’s motion for a new trial. The lower court’s decision denying the double jeopardy arguments was based on the court’s 2007 ruling in Commonwealth v. Constant, which held that a defendant who moves for a new trial waives any argument that double jeopardy bars a second trial.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
