double jeopardy exception

On December 6, the U.S. Supreme Court heard arguments in Gamble v. United States, raising the issue of whether sometimes defendants can face separate trials, and possible conviction and sentencing, for the same violation in both state and federal courts, despite the Constitution’s provision against double jeopardy. The Fifth Amendment to the U.S. Constitution provides,…

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Wading again into the murky area of how and when juror racial prejudice can upset a criminal conviction, the U.S. Supreme Court temporarily halted the scheduled execution of a Georgia inmate. The move came in September in order to hear the inmate’s appeal of a lower federal court’s decisions that evidence of a juror’s racially…

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By Christopher Zoukis The Arizona Supreme Court has cleared up confusion in the state about the amount of suspicion required to legally search a probationer’s home without a warrant. Christian Adair was on probation for two felony convictions for solicitation to possess crack cocaine for sale. His probation conditions required that he “submit to search…

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By Christopher Zoukis In a brief, unsigned opinion handed down October 11, the U.S. Supreme Court has thrown out the death sentence an Oklahoma jury gave Shaun Michael Bosse after convicting him in 2010 of the first-degree murders of his former girlfriend and her two young children. Bosse fatally stabbed 25-year-old Katrina Griffin and her…

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By Christopher Zoukis What will happen with the one U.S. Supreme Court vacancy after the death last February of Justice Antonin Scalia will undoubtedly be decided after the results of November’s election. But the high court new term, which began October 3rd, already includes several major cases that could redefine the validity of sentences handed…

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