Tim Clark leads after two rounds in Deutsche Bank Championship Sep 1, 2008
England's Paul Casey is in double jeopardy, having missed the cut in his last attempt to impress Nick Faldo, the European Ryder Cup captain, who will announce his two captain's picks Sunday. Casey, on the FedEx Cup bubble with a projected ranking of 71, is favored to be one of Faldo's picks, but neither he nor the other front-runner, Darren Clarke of Ireland, are sure things. (International Herald Tribune -- Sports)
Chastity Steadman: Walker Countys first Master Teacher Aug 30, 2008
Forrest Gump, Titanic, The Notebook, Pretty Woman, National Lampoon's Vacation, Twisted, You, Me, and Dupree, Double Jeopardy Favorite music: Christian, Country Favorite musician: Kenny Chesney Hobbies/pastimes: Traveling, shopping, reading, exercising, spending time with family and friends Favorite TV shows: Amazing Race, First 48, Dr. Phil Favorite actors/actresses: Ashley Judd, Morgan Freeman, Will Ferrell Pet: Rippley, a silver tabby Favorite quote: "You cannot change what you do not... (WWalker County Messenger, GA)
Pipe, bong salesman gets three years in prison Aug 30, 2008
His attorney, Daniel Blythe, had argued that the federal charges constitute double jeopardy, or more than one prosecution for the same crime ... The ruling said federal and state charges based on the same facts are not double jeopardy ... Yet Doles disagrees, calling his federal trial a bold and blatant case of double jeopardy. (Gillette News-Record, WY)
Rogers may get new trial Aug 29, 2008
"If there was intentional conduct on the commonwealth's part, that could implicate double jeopardy rights, which could bar a retrial, and [Rogers] could be set free," Crowley said. "At the very least, we should get a new trial.". (Daily Collegian, PA)
Charter may be revived Aug 29, 2008
Costeira said bringing it back is a sort of "double jeopardy.". "How do you get to take this thing and put it into another election cycle?" he asked. (The St. Augustine Record)
Long-term savings goals dont work, study says Aug 23, 2008
It s double jeopardy. The study was presented at this month s annual convention of the American Psychological Association. (Birmingham Business Journal, AL)
Suspect in cyclist death headed to trial this fall Aug 22, 2008
Defense co-counsel Ronald Houser on Thursday argued it would be unconstitutional for a jury to consider both malice and felony murder charges because it places Gear in danger of double jeopardy. Jurors can find Gear guilty of one or the other murder charge, but not both, the attorney said. (Athens Banner-Herald)
Study: Tough to bank long-term savings goals Aug 22, 2008
"It's double jeopardy.". The study was presented at this month's annual convention of the. (Baltimore Business Journal, MD)
Koh defends BN record Aug 21, 2008
Its double jeopardy. How can we punish him (the officer) twice for the same mistake. (The Star Online, Malaysia)
Two "Squawk Box" Defendants in Plea Discussions Aug 19, 2008
The retrial had been delayed because the former brokers appealed the propriety of a second trial based on double jeopardy grounds. Last month, the Second Circuit Court of Appeals ruled that the retrial of the conspiracy charge could proceed. (ABC News -- Wire)
Appeals Court: Phil Spector's Retrial Can Proceed Aug 16, 2008
Defense attorneys had requested a stay on the trial so they could appeal the case on double jeopardy grounds. They also wanted an assurance that prosecutors would not ask jurors to convict Spector on lesser offenses of manslaughter. (Fox News)
HLF Defendants File Emergency Motion With 5th Circuit Aug 15, 2008
In the motion, the defendants describe the twists and turns their case has taken and argue: "It is not surprising, then, that many -- if not all -- of the double jeopardy issues raised by the defendants are issues of the first impression.". The defense's arguments in its emergency motion to the 5th Circuit hinge on the events of the first trial. (Law.com)
Defense: Man can't be tried in U.S. for murder Aug 15, 2008
The lawyer for a Japanese businessman accused of killing his wife in 1981 filed legal papers Thursday insisting that his client was acquitted in Japan of murder and conspiracy and can't be tried in the United States without being placed in double jeopardy. Attorney Mark Geragos filed the papers answering a lengthy prosecution motion on the eve of a major hearing set for Friday afternoon for Kazuyoshi Miura. (Fresno Bee -- State)
Spector lawyers want a stay in murder trial Aug 14, 2008
LOS ANGELES - Phil Spector's lawyers asked a judge on Wednesday for an indefinite stay of the music producer's murder retrial so they can appeal the case on double jeopardy grounds ... Bringing them up at the retrial would amount to double jeopardy, they said. (MSNBC -- News)
Opinion: Protecting our kids - or jeopardizing everyone's freedom? Aug 14, 2008
Should society accept law that holds citizens in double jeopardy just because it does so explicitly. If a law, or clause, violates the Constitution, does it make it acceptable simply because a senator notes the unconstitutionality in the law itself. (Christian Science Monitor)
LA prosecutors insist they can try Japanese man Aug 9, 2008
In a 60-page court filing, prosecutors said Kazuyoshi Miura cannot claim double jeopardy because he never entered a plea under California law and was not tried here ... He and his legal team argued that even if the charge of murder is barred under double jeopardy provisions, Miura can be tried for conspiracy to kill his wife because he was not convicted or acquitted of that crime in Japan. (San Francisco Chronicle -- Crime)
Executives face court over fuel surcharge fixing by BA and Virgin Aug 8, 2008
The men are unlikely to be extradited to the US, where a criminal investigation is under way; anyone acquitted or convicted of price-fixing in the UK cannot be charged with the same offence across the Atlantic under double jeopardy rules. Six other former BA employees are understood to remain under investigation by the US Department of Justice. (guardian.co.uk)
Know Motorcycle Safety Before Riding Aug 8, 2008
Safety experts say that creates a kind of double jeopardy for motorcycle riders. As sales manager at Barnett Harley Davidson, George Tourk knows a thing or two about motorcycles. (KFOXTV.com, TX)
Forget about flavour and paint the town beige Aug 6, 2008
Law, for example, has all that sub judice and habeas corpus stuff; contempt of court, burden of proof and double jeopardy, not to mention writ and estoppel, statute, lien and tort. Medicine positively quivers with its aqueous humours and myocardial infarctions, its medullas and amygdalas, metacarpals, metatarsals and mitochondria, plus any number of osises, itises, opathies and ectomies. (Sydney Morning Herald -- Opinion)
Wecht’s lawyer asks appeals court to dismiss case Aug 5, 2008
Wecht s attorneys have since argued retrying him constitutes double jeopardy ... Fine countered that Wecht s constitutional right against double jeopardy was at risk. (Somerset Daily American, PA)
Judges hear Wecht oppose retrial Aug 5, 2008
In lively oral argument that was filled with give-and-take among the parties, the judges from the 3rd U.S. Circuit Court of Appeals heard Dr. Wecht's plea to have the charges against him thrown out based on double jeopardy. Judges D. Brooks Smith and D. Michael Fisher were in the courtroom, while Senior Judge Franklin S. Van Antwerpen was patched into the courtroom via conference call from his offices in Easton. (Pittsburgh Post-Gazette, PA)
Wecht's attorneys claim double jeopardy Aug 4, 2008
They will also argue that their client should not be retried on 41 counts of misusing his public office for private gain based on double jeopardy ... David Harris, a law professor at the University of Pittsburgh, said a double jeopardy argument is a tough one to make, but that in this case, he wouldn't rule anything out. (Pittsburgh Post-Gazette, PA)
3rd Circuit Rules Media Has Right to Juror Names Aug 2, 2008
The decision was handed down just one business day before the same three-judge panel is scheduled to hear oral arguments in Pittsburgh today on the issue of whether all charges against Wecht should be dismissed on double jeopardy grounds as a result of the procedures followed by the trial judge in declaring a mistrial in April when the jury said it was deadlocked ... In their brief, the defense team argues that the "right to be free from double jeopardy mandates that a district judge exercise... (Law.com)
State border an issue for DA Jul 31, 2008
Had charges been filed against Miller in Del Norte County on Monday and investigators found out Dickson died in Oregon, Riese said he would risk applying double jeopardy to the case which prevents a person from being charged for the same crime more than once. If this happened, he said, Curry County would not have been able to charge Miller for Dickson's murder. (Daily Triplicate)
Spectors lawyers lose motions before retrial Jul 30, 2008
Defense wanted judge to consider possibility of double jeopardy ... Superior Court Judge Larry Paul Fidler rejected a defense claim that Spector will be in double jeopardy if the jury considers the lesser included offenses of voluntary or involuntary manslaughter ... Fidler did not immediately rule on a defense motion to bar instructions on the lesser included crimes but said, I dont believe this is a double jeopardy matter. (MSNBC -- News)
Supreme Court rules on Helmers' case Jul 26, 2008
Helmers claimed it violated his constitutional rights against double jeopardy and that he essentially would be "convicted twice for the same conduct and punished twice for the same conduct.". The district court declined to rule before the trial on whether or not it would allow Helmers' prior "bad acts" to be admissible at trial. (Ames Daily Tribune, IA)
Holy Land Foundation Defendants Allege Court-Appointed Attorney Fees Unpaid Jul 23, 2008
In his July 3 ruling, Solis wrote that as a general rule, when a defendant consents to a mistrial before the jury reaches a verdict, double jeopardy will not bar re-prosecution. The record in the HLF case, Solis wrote, shows that the defendants consented to the court declaring a mistrial in October 2007. (Law.com)
Stewart remains quiet about next teammate Jul 23, 2008
The court ruled that the conviction was double jeopardy. HIGH SCHOOLS. (Yahoo News -- Auto Racing)
Expulsion reprieve for 20-year resident Jul 23, 2008
Mark Goudkamp, of the Refugee Action Coalition, said the character detention provisions represented a double jeopardy for permanent residents who had served their time. "I know people who have been in immigration detention longer than they were in prison," he said. (Sydney Morning Herald -- Australia)
UN official says global action needed to tackle food, energy crisesNew York, UN (PANA) - Urgent changes in global agricultural policies are neededto meet the threats of soaring food and energy prices, the UN General Assembly President Srgjan Kerim has said. 20/07/2008 Full Text... Jul 20, 2008
Kerim therefore called on the 192-member Assembly to adopt a resolution on the c urrent economic threats, saying they require "an immediate, coherent and coordin a ted response with the UN system playing a central role''.Also speaking, UN Secretary-General Ban Ki-moon warned that "the double jeopardy of high food and fuel prices threatens to undermine much of the progress made i n achieving the Millennium Development Goals (MDGs). To meet the MDGs, Ban called for a Global Partnership for Food,... (Panapress.com)
High food, fuel prices a concern: UN Jul 19, 2008
"The double jeopardy of high food and fuel prices threatens to undermine much of the progress made in achieving the Millennium Development Goals.", he said, adding that the three most important challenges before the world were realizing the Millennium Development Goals, addressing climate change, and responding to the global food and energy crisis. He also commended the G-8 for making important commitments to tackle these problems. (India Times)
Attorney wants sex charges dismissed against musician Jul 16, 2008
Malloy charges the issue is not just one of double jeopardy, which is a constitutional matter, but there is also a state statute that also applies and prohibits Anderson from being re-charged. "It's the same affidavit of probable cause. It's the same factual scenario," said Malloy. (The Delaware County Times, PA)
'I know why it's called 'practicing' law' Jul 14, 2008
Over the past three years in this case, this individual was denied his right of confrontation under the Sixth Amendment, denied a public defender, arrested for contempt of court but never entered the courtroom, suffered the judicial system taking hearsay for evidence, false statements made by the accused, double jeopardy, statements included in a transcript not made in court, and the list goes on and on. There have been incredible, unbelievable actions in the case. (Orangeburg Times and Democrat, SC)
G8 to work on adopting goal to halve emissions by 2050 Jul 8, 2008
"How we respond to this double jeopardy of soaring food and oil prices is a test of the global system's commitment to help the most vulnerable," Robert Zoellick, the World Bank president, said on Monday. "It is a test we cannot afford to fail.". (International Herald Tribune -- Technology)
Court overturns sentence review panels Jul 8, 2008
The court's 4-3 ruling on Monday said reversing sentences that have already been reduced by the panels would amount to "double jeopardy," a blow to prosecutors who have long argued that the original prison terms should remain intact ... The majority opinion, written by Justice George Carley, said once a defendant has already begun to serve a sentence that was shortened by the panels, "the constitutional principle of double jeopardy precludes an increase in punishment.". (The Augusta Chronicle)
Prices put back clock on lifting poor - UN Jul 8, 2008
With oil prices at record highs above $140 a barrel, the world's poor faced a double jeopardy, said Zoellick. Tanzanian President Jakaya Kikwete had told him many farmers in that country could not afford to plant more to take advantage of high crop prices, because the cost of fertiliser had jumped sixfold. (Business Report, South Africa)
'World entering danger zone on prices' Jul 3, 2008
"For globalisation to work successfully and achieve its promise, it must be inclusive and sustainable. This means acting now in the interests of the poor who are most affected by this double jeopardy of food and fuel crisis, and who are least able to help themselves.". Bookmark / Share. (India Times)
10,000 people in world-first cerebral palsy study Jul 3, 2008
"Our study will investigate a key issue behind cerebral palsy: whether genetic factors make women more vulnerable to environmental risks that affect the brain of their unborn child. These risks such as prematurity and infections combined with genetic susceptibility mean that babies could be at double jeopardy of cerebral palsy," says research leader Professor Alastair MacLennan, Head of Obstetrics cology at the University of Adelaide. PhD student Michael O'Callaghan is the national... (EurekAlert!)
File: Under pressure, Azad revokes land allotment Jul 2, 2008
The double jeopardy that Congress finds itself is that it faces the resentment of the Valley and is on a sticky wicket in Jammu. It was perhaps with an eye to consolidating support in Jammu that Azad had been positively inclined to giving the land to the Amarnath Board while his predecessor, Mufti Mohammed Sayeed, had not. (India Times, India)
Hit By Lightning, Has GOOD Luck -- Twice! Jul 2, 2008
But, Conroy says, he actually got himself out of what amounted to double jeopardy in the moments preceding the hit. He told his story to Early Show co-anchor Maggie Rodriguez Tuesday. (CBS News -- Early Show)
4 comments Jul 2, 2008
Is someone to be tried over again for the same crime, even after having been acquitted, if judges regard the Constitutional ban on double jeopardy as just a suggestion to be weighed and "balanced?" ... Dr. Sowell has already mentioned Kelo V. New London, the government seizing your home and giving it to others, double jeopardy and the giving of Constitutional Rights to terrorists. (Human Events Online)
High-Stakes Courts Jul 1, 2008
Is someone to be tried over again for the same crime, even after having been acquitted, if judges regard the Constitutional ban on double jeopardy as just a suggestion to be weighed and "balanced?". We have already seen what happens when a 5 to 4 majority decides that politicians can seize your home and give it to somebody else, if judges don't think your property rights "balance" whatever politicians choose to call "the public interest.". (Human Events Online)
Former Khmer Rouge appeals detention Jul 1, 2008
PHNOM PENH, Cambodia (AP) Lawyers for the former Khmer Rouge foreign minister told Cambodia's genocide tribunal Tuesday that its case against their client violates "double jeopardy" principles because he already was convicted of crimes against humanity and pardoned ... On Tuesday they made a case for double jeopardy the right not to be judged twice for the same crime. (AL.com)
Top Khmer Rouge diplomat in court Jun 30, 2008
They will also argue that a trial would amount to double jeopardy. The Vietnamese-backed forces which ousted the Khmer Rouge in 1979 tried Ieng Sary in absentia and found him guilty of genocide. (BBC News -- Asia-Pacific)
Mistrial declared after sex abuse case ends in hung jury Jun 29, 2008
Because Pettigrew wasnt convicted, a second trial wont constitute double jeopardy, or more than one prosecution for the same crime. For a defendant to be convicted, the jury has to reach a unanimous verdict. (Gillette News-Record, WY)
Deaths climb in Mexico's drug war Jun 28, 2008
A judge, citing double jeopardy concerns, had advised against the decision, The Associated Press reported. Felix's defense attorney said he would appeal within 15 days, according to AP.. (CNN -- World)
Jury Room gets a favorable verdict Jun 25, 2008
95) include Double Jeopardy, Beyond Reasonable Doubt Tuna Melt, and Power of Attorney. You get the idea. (Boston Globe)
Yoder: McLean Co. likely will retry Beaman for murder Jun 25, 2008
mostly curious wrote on Jun 24, 2008 6:38 PM:" His conviction was overturned, he was not acquitted, so no double jeopardy attaches. I doubt that Bill Yoder would waste the time & money to retry him unless he felt there was a very good chance of another conviction. I wonder if there's a possibility that he's just trying to preserve his right to go to trial again by announcing this now, and could decide later to drop the charges if he feels that he can't convict? I thought I read somewhere that he... (The Pantagraph newspaper)
Paterson falls for double jeopardy in game of inches Jun 23, 2008
HE was not complaining about the decision but Cory Paterson was convinced momentum carried him across for what was almost Newcastle's winning try against the Roosters at EnergyAustralia Stadium yesterday. Video referee Tim Mander denied Paterson a second try in the 73rd minute when he ruled a double movement against the giant second-rower and the Roosters hung on to win 16-14. (Sydney Morning Herald -- Sport)
Rivals fail to handle pressure in drop-athon display Jun 23, 2008
IT was a game the Newcastle Knights let slip through their fingers literally. Mind you, the Sydney Roosters were similarly culpable and could easily have headed south down the F3 last night empty-handed, rather than with two competition points in their swag. (Sydney Morning Herald -- Sport)
Case specifics important for public to know Jun 21, 2008
The guarantee against double jeopardy being tried again in the same case applies. Again, had the charges been dropped as indicated, they could be restored. (Orangeburg Times and Democrat, SC)
Regulator 'too late' in Pratt charge after Visy deal Jun 20, 2008
" It also created "double jeopardy", because the price-fixing action against Pratt's Visy group could not be revisited, she said. In October, Visy agreed to pay $36million to settle legal action. Under the agreement with the ACCC, Pratt, Visy and his senior executives admitted clandestine arrangements that fixed prices and market share in Australia's $2billion cardboard box market. Significantly, the ACCC and Visy had agreed that there would be no personal fine for Pratt, as the declaration of... (Sydney Morning Herald -- Business)
Lawyers Battle Over Exhibits Jurors Should Not Have Seen in High-Profile Case Jun 19, 2008
On Tuesday, prosecutors filed a response to the defense motion, stating that the presence of such exhibits in the jury room "was the result of an inadvertent mistake on the part of the government." The prosecutors argue that the mistake was "not the type of prosecutorial action that warrants dismissal of the indictment on double jeopardy grounds." The defendants' claim that the jury would have acquitted each of them if jurors had not seen the exhibits "is pure speculation," the prosecutors state... (Law.com)
Domaszewicz denies confession claim Jun 11, 2008
Double jeopardy laws prevent Mr Domaszewicz from being tried again. 2008 Brought to you by. (Sydney Morning Herald -- Australia)
Judd: Womens rights can end poverty Jun 3, 2008
But then Judd went to Hollywood to be an actress, establishing her credentials with roles in such movies as A Time to Kill, Double Jeopardy and Divine Secrets of the Ya-Ya Sisterhood. It wasnt until 2003, when she was filming Twisted in San Francisco, that she finally realized she had to do something to help others. (MSNBC -- News)
Malaysia not giving up hope on Batu Puteh yet Jun 1, 2008
That would be a double jeopardy, Dr Rais said in an interview. It is learnt that the initial search for the letter covered 40 institutions in 11 countries Britain, India, Australia, New Zealand, the United States, the Netherlands, Portugal, Hong Kong, Indonesia, Singapore and Malaysia. (The Star Online, Malaysia)
Glimmer of hope burns brightly Jun 1, 2008
That would be a double jeopardy. I have directed Wisma Putra to renew the search for the letter. (The Star Online, Malaysia -- News)
More of this story May 30, 2008
The prosecution s confusion allowed Say to argue that his guilty plea and double jeopardy protections precluded the state from ammending the charges to include the felonies. (Fifth Circuit) Judge (Kathleen) Watanabe got a lot of flak in the community, but she was right (to rule in Say s favor), said Tico. (Lihue Garden Island, HA)
Oakland landlords fined $460,000 May 29, 2008
Mr. Cohen argued that a city fire inspector cleared him of some violations that were then renewed by Mr. McPherson, likening it to "double jeopardy.". The 27-year-old Mr. Cohen said he shouldn't be held responsible for every problem in 100-year-old 3408 Parkview building, which he bought two years ago. (Pittsburgh Post-Gazette, PA)
Baby Twin Mix Up Discovered After 29 Years May 28, 2008
Hospital's Double Jeopardy for Twin Mix Up. Woman Raised as a Twin, While Real Twin Raised in Wrong Family. (ABC News)
Strategy to stave off oil crisis May 26, 2008
Tentative tinkering will only mean the double jeopardy of the crisis continuing unabated and stoking the fires of inflation. If, as constantly pressed by the Left, the Government pares down the taxes and duties on petroleum products, it will straightaway make a huge dent of Rs 71,000 crore or so, on the resources for investments aimed at inclusive growth in the social sector under the banner of Bharat Nirman. (Hindu Business Line)
ARI chief acquitted of all charges (4) May 22, 2008
Double Jeopardy laws prevent that, she said. The plant manager had been accused, along with Thomas Scott Miller of Trumann, of stealing and reselling heavy equipment throughout northeast Arkansas, Mississippi, Missouri and Tennessee, from June 2004 to Sept. 15 2004, according to the federal indictment. (Paragould Daily Press, AR)
Double Jeopardy: Twin Lives AreSaved By an Innovative In-Utero Surgery May 21, 2008
By Joseph Tolman - 20 May 2008. Photo by Elizabeth GosneyChristopher and Janis Hansen hold their twin boys, Gabriel and Gavin, who survived an innovative in-utero surgery. (The Daily Universe, UT)
3 Cents Blog May 17, 2008
But, I feel that a crime tried at more than one court could be double jeopardy and unfair to an individual. I believe cases should be tried only at the highest level court the crime qualifies for. (WTKR.com, VA)
Telgi's plea not to try him in more cases rejected May 16, 2008
MUMBAI: Fake stamp paper scam mastermind Abdul Karim Telgi's plea that he should not be tried in any other case after his conviction in the Mcoca trial in Pune was on Thursday rejected by a court here that said it would be a case of double jeopardy. Additional sessions judge Chitra Bedi rejected the application reasoning that although the offences were the same, the facts of the case were different. (Newindpress)
