All articles tagged with #double jeopardy
Luigi Mangione is appearing in court as his lawyers seek to dismiss his state murder charges, arguing double jeopardy due to parallel federal cases related to the killing of UnitedHealthcare CEO Brian Thompson, with ongoing debates over trial procedures and evidence admissibility.
The Illinois Supreme Court overturned Jussie Smollett's conviction, ruling that prosecutors unlawfully refiled charges after agreeing to drop them. Smollett was initially charged with lying about a 2019 attack, but the charges were dropped after he performed community service and forfeited his bond. A special prosecutor later filed new charges, leading to his conviction. The court found this violated the agreement and double jeopardy principles, barring the second prosecution.
A judge dismissed several state charges, including attempted murder, against David DePape, who attacked Paul Pelosi, citing double jeopardy after his federal conviction. DePape, sentenced to 30 years in federal prison, still faces other state charges not covered in the federal trial.
Jussie Smollett is seeking to have his 2021 conviction for staging a fake hate crime against himself and lying to police thrown out by the Illinois Supreme Court, claiming protection under double jeopardy. The former "Empire" actor's appeal comes after an Illinois appeals court affirmed his disorderly conduct conviction and jail sentence. Smollett had reported a racist and homophobic attack in 2019, but authorities later accused him of orchestrating the hoax and paying two men to stage the assault. His legal team has argued that he was unfairly targeted due to his race and sexual orientation, while prosecutors maintain that his actions wasted significant police resources.
Jussie Smollett is petitioning the Illinois Supreme Court to hear his case after a lower appellate court upheld his sentence and conviction for falsely reporting a hate crime. His attorneys argue that the case has wide-reaching implications and raises questions about double jeopardy rights. The appeals court largely rejected Smollett's claims, ruling that the original dismissal of charges did not constitute a non-prosecution agreement. The case has been complicated by politics and public outrage, stemming from the high-profile nature of the incident and subsequent legal proceedings.
Jussie Smollett is appealing to the Illinois Supreme Court, claiming that prosecutors reneged on a deal to not prosecute him after he completed community service and forfeited his bond following the dismissal of the first indictment for faking an attack. He argues that being indicted a second time amounts to double jeopardy, but his argument has been rejected by the trial judge and the Illinois appellate court. Smollett, who was convicted of 5 felonies related to the fake attack and sentenced to serve 150 days, served 6 days and was released pending appeal.
Former President Donald Trump has filed motions seeking the dismissal of felony racketeering charges against him in Georgia, citing presidential immunity, double jeopardy, and due process protections. Trump's legal team argues that the charges violate his constitutional rights and historical presidential immunity, and that he was impeached and acquitted on articles of impeachment arising from the same alleged facts. Trump has consistently denied the allegations and is expected to attend a federal appeals court hearing in Washington, D.C. regarding a similar presidential immunity claim in a separate criminal case.
The Illinois Appeals Court has upheld Jussie Smollett's conviction for disorderly conduct in a 2-1 vote. Smollett's lawyers have the option to appeal to the Illinois Supreme Court. If the Supreme Court does not reverse the ruling, Smollett will have to serve the remaining 150-day jail sentence. Smollett, known for his role in "Empire," had claimed to be the victim of a hate crime in 2019 but was later charged with orchestrating a fake hate crime against himself. His attorneys argued that he was being punished twice for the same crime, but the appeals court ruled that the retrial was not fundamentally unfair.
Former police officer Brett Hankison, who was fired by the Louisville Metro Police Department (LMPD) in 2020 following the fatal shooting of Breonna Taylor, is now facing a federal trial on charges of deprivation of rights under the color of law. Hankison previously defended himself successfully against similar charges in state court. The federal trial, which begins with jury selection, will determine whether Hankison wrongfully endangered lives when he fired into Taylor's apartment during the raid. The trial is expected to last two to four weeks.
Former President Donald Trump's lawyers have filed court documents arguing that the federal election obstruction case against him should be dismissed, citing protection under the First Amendment and claiming that he cannot be retried after being acquitted by the Senate in his impeachment trial. The lawyers argue that the charges are legally flawed and violate constitutional grounds such as the First Amendment, double jeopardy, and due process. They also claim that Trump is being selectively and vindictively prosecuted. Trump's legal team has requested a hearing to explore these allegations. A trial date for the federal election interference case is set for March 4.
Oral arguments were heard in Jussie Smollett's appeal of his convictions and sentence for fabricating a hate crime in 2019. The focus of the hearing was the 2019 proceeding where charges were dropped against Smollett, with his attorneys arguing that it constituted an agreement with prosecutors and that double jeopardy had attached when he forfeited his bail money. The attorneys also raised concerns about evidence withholding and the appointment of a special prosecutor. Prosecutors countered that dropping charges does not preclude refiling them, and that Smollett's case does not meet the criteria for double jeopardy. The case is now under advisement.
Jussie Smollett's lawyers argued before an Illinois appellate court to have his convictions for staging a hate crime against himself and lying about it dismissed, claiming that public outrage influenced the restoration of charges that had been properly dropped. Smollett's appeal also argues that his trial violated his Fifth Amendment rights against double jeopardy. If the appeal fails, Smollett will have to serve the remaining 150 days of his jail sentence. The court is expected to issue a ruling in the coming weeks.
John Woodward, a tech CEO, has been released for the third time in connection with the alleged strangling of his roommate's girlfriend in a 30-year-old love triangle case. The charges were dismissed by a judge in Santa Clara County, California, citing double jeopardy. Woodward had been tried twice in the 90s, but both trials ended with a hung jury. However, new forensic testing in 2021 linked his DNA to the murder weapon. Prosecutors plan to appeal the judge's decision, while the victim's friends and family vow to continue fighting for justice.
A mistrial has been declared in the double murder case of rapper YNW Melly after the jury failed to reach a unanimous decision. The next steps for the trial will be discussed on July 28, and if a retrial is elected, a new jury will be selected. Both the defense and prosecution can benefit from a retrial, as they will have the opportunity to present their case from the beginning. The retrial does not violate the Double Jeopardy Clause, as Melly has not been convicted or acquitted of any crime.