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October 2017 Archives

When does having separate trials violate double jeopardy?

Sometimes, a single defendant is subjected to two separate trials. This is often done in an effort to protect the defendant's right to a fair trial when something in the first trial would create undue prejudice among the jury in the second trial, or vice versa. But what if part of the second trial depends on facts being decided in the first trial?

Supreme Court to decide on standards for resolving plain errors

A conviction can be appealed on a number of grounds. One way of looking at it is that convictions (and civil cases) can be appealed based on an error of the law or an error in the facts. In some cases, factual errors are hard to gauge, as a reasonable jury might have decided the facts either way. In others, however, a factual error is a straightforward mistake, such as a mistake in math or a wrong date. This is called "plain error."

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