Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

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So what would you expect if a state supreme court wrote an opinion directly inconsistent with “perhaps the most fundamental rule” of the Supreme Court’s jurisprudence in the area, an opinion that would get a failing grade in any law school course on criminal law? Well, your first guess would be that the Supreme Court would unanimously reverse, and if you were bold you’d predict a short opinion assigned because of its triviality to the most junior justice. That … Read the rest

Res Judicata Bars Second Suit in E.D. La., Notwithstanding “New” Claim

Today we ponder “do-overs,” a timely topic as the House of Representatives struggles, over and over, to elect a speaker.  As we write, the seventh unsuccessful vote has just concluded.  We have learned that the record stands at 22 votes before the beleaguered candidate finally prevailed.  This was in 1820, as John W. Taylor, an outspoken abolitionist, ran against a pro-slavery opponent for the seat vacated by Henry Clay, who resigned after shepherding the Missouri Compromise to victory.  All kinds … Read the rest