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

SCOTUSBlog

Share 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? Not surprisingly, Jackson was having none of this.

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Double jeopardy claim after inconsistent acquittal comes before the court

SCOTUSBlog

Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. Because that is what happened here, he says, the decision of the Georgia Supreme Court should be reversed. Share Tuesday’s argument in McElrath v. The facts are simple.

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Off-duty Virginia police officer sentenced to 87 months for January 6 riot

JURIST

David Moerschel, 43, of Tampa, Florida, and Brian Ulrich, 43, of Guyton, Georgia, are similarly charged with federal offenses that include conspiracy, obstruction of an official proceeding and aiding and abetting, and entering or remaining in a restricted building or grounds.

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Arbery Trial Judge Delivers Massive Blow to the Defense on the Eve of Closing Statements

JonathanTurley

In the Georgia trial over the killing of Ahmaud Arbery, Judge Timothy Walmsley delivered a haymaker to the defense on the very eve of closing statements. The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. Here is the prior law: O.C.G.A.

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Truth, Lies and Plea Bargaining

The Crime Report

Often it’s to ensure fairer and more responsive treatment at the hands of a justice system that otherwise offers them few other options, says a Rutgers University law professor. For example, a collection of evidence about a single felony offense will be broken down into separate misdemeanor offenses labeled as separate “acts.”

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“A Political Problem”: New Mexico District Attorney Gives Probation To All Rioters

JonathanTurley

We previously discussed how prosecutors in North Carolina, Georgia, Oregon, and other states have dismissed or downgraded many rioting cases, including cases of individuals who destroyed statues in broad daylight. The seven defendants were charged with felony counts of damaging property worth over $1,000.

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The Odor of Mendacity: 2024 Could Turn on Smell of Selective Prosecution from Georgia to New York

JonathanTurley

Below is my column in the Hill on the recent decision in Georgia and the “odor of mendacity” raising out of various courtrooms across the country. This came after the Justice Department had allowed the statute of limitations to run out on major felonies and scuttled efforts to conduct searches and interviews.

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