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Double Jeopardy

All articles tagged with #double jeopardy

Mangione’s Two Trials Dilemma: Experts Weigh Double Jeopardy Ruling
politics20 days ago

Mangione’s Two Trials Dilemma: Experts Weigh Double Jeopardy Ruling

Rolling Stone explains that Luigi Mangione faces New York state murder and firearms charges, federal stalking charges tied to those events, and additional Pennsylvania gun/forgery counts. Despite Mangione’s claim of “double jeopardy,” legal experts say the two prosecutions aren’t barred because they arise from different charges and different sovereigns; the separate sovereigns doctrine allows state and federal prosecutions for related conduct, and no convictions have occurred yet. The state trial is set for June (with a federal trial in September possible), and the defense argues the scheduling is burdensome and unfair, while prosecutors note coordination issues between offices.

via Rolling Stone|
#brian-thompson#double-jeopardy#luigi-mangione
Mangione: Double Jeopardy Claims Loom Over Dual Trials
crime20 days ago

Mangione: Double Jeopardy Claims Loom Over Dual Trials

New York’s Luigi Mangione will face a June 8 start for his state trial over the December 2024 killing of UnitedHealthcare CEO Brian Thompson, even as his federal case moves forward after a death-penalty charge was dismissed on a technicality; Mangione contends the overlap between the state and federal cases amounts to double jeopardy, while his defense seeks to suppress backpack evidence and challenge Miranda rights, with a May ruling expected on the suppression issue. If convicted in either case, he could face life in prison.

via HuffPost|
#court#crime#double-jeopardy
Mangione erupts in court as June state trial date is set
local21 days ago

Mangione erupts in court as June state trial date is set

In Manhattan, Luigi Mangione erupted in court as the judge set June 8 for his state trial in the killing of Brian Thompson, while the tug‑of‑war between state and federal prosecutions could affect which trial proceeds first; federal charges with potential death penalty were dismissed (aside from stalking), and backpack evidence was ruled admissible in the federal case, with a May decision due on its use in the state case.

via cbsnews.com|
#court#double-jeopardy#local
Mangione Erupts in Court Over 'Double Jeopardy' as Trial Dates Leapfrog
crime21 days ago

Mangione Erupts in Court Over 'Double Jeopardy' as Trial Dates Leapfrog

In New York, Luigi Mangione, accused of killing UnitedHealthcare CEO Brian Thompson in December 2024, yelled in court after Manhattan Judge Gregory Carro set a state trial for June 8—leapfrogging an October federal trial—calling it 'double jeopardy by any common sense.' Mangione and his lawyers criticized the scheduling while he remains in custody facing dual prosecutions; prosecutors previously indicated he could avoid the death penalty after a major charge was dropped.

via Yahoo|
#brian-thompson#crime#double-jeopardy
Mangione protests as judge pins down June start for state murder case
us-news21 days ago

Mangione protests as judge pins down June start for state murder case

In New York, Luigi Mangione shouted in court as Judge Gregory Carro set his state murder trial to begin June 8, three months before jury selection in his federal case over the killing of UnitedHealthcare CEO Brian Thompson; prosecutors want the state trial to go first, and Carro warned it could be delayed to Sept. 8 if the federal appeal delays the federal trial. Mangione has pleaded not guilty to both sets of charges, with federal jury selection scheduled for Sept. 8 and opening statements in October.

via Yahoo|
#brian-thompson#double-jeopardy#gregory-carro
Jussie Smollett's Conviction Overturned by Illinois Supreme Court
legal1 year ago

Jussie Smollett's Conviction Overturned by Illinois Supreme Court

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.

via The Guardian US|
#conviction-overturned#double-jeopardy#illinois-supreme-court
Jussie Smollett Appeals to Illinois Supreme Court to Overturn Conviction
legalcrime2 years ago

Jussie Smollett Appeals to Illinois Supreme Court to Overturn Conviction

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.

via USA TODAY|
#conviction#double-jeopardy#hoax
"Jussie Smollett Appeals to Illinois Supreme Court to Overturn Conviction"
legalcourt-cases2 years ago

"Jussie Smollett Appeals to Illinois Supreme Court to Overturn Conviction"

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.

via Chicago Tribune|
#appeal#double-jeopardy#hate-crime-hoax
Jussie Smollett Appeals to Illinois Supreme Court for Conviction Overturned
legalcourt2 years ago

Jussie Smollett Appeals to Illinois Supreme Court for Conviction Overturned

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.

via TMZ|
#double-jeopardy#illinois-supreme-court#jussie-smollett
Trump Fights Georgia Election Interference Charges Based on Presidential Immunity
politics2 years ago

Trump Fights Georgia Election Interference Charges Based on Presidential Immunity

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.

via CBS News|
#criminal-case#donald-trump#double-jeopardy
Illinois Appeals Court Upholds Jussie Smollett's Conviction
crime2 years ago

Illinois Appeals Court Upholds Jussie Smollett's Conviction

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.

via CBS Chicago|
#conviction-upheld#crime#disorderly-conduct