double jeopardy constitution

• State v. Russell, (Ohio 2011)

DOUBLE JEOPARDY; FEDERAL CONSTITUTION; ALLEGEDLY NEWLY DISCOVERED EVIDENCE; UNDISCLOSED EVIDENCE NOT MATERIAL

• Ohio Supreme Court

• Western District Oks New Trial Despite Detective's Testimony

An appeals court said a police detective's improper comments on the stand don't amount to prosecutorial misconduct and don't trigger the U.S. Constitution's double jeopardy clause. The ruling, a matter of first impression in Missouri, allows Jackson County prosecutors to retry Markus D. Lee, who had been charged in connection with a fatal 2007 drive-by shooting in Kansas City.

• Missouri Lawyers Media
• June 14, 2011

• State v. Russell, (Ohio 2010)

DOUBLE JEOPARDY; FEDERAL CONSTITUTION; ALLEGEDLY NEWLY DISCOVERED EVIDENCE; UNDISCLOSED EVIDENCE NOT MATERIAL

• Ohio Supreme Court

• Rolling Back Miranda the Issue: Terrorism Suspects. Our View: Congress Needs to Get Involved.

The Fifth Amendment to the Constitution guarantees certain fundamental American rights -- due process, and against double jeopardy and self-incrimination. In the 1966 Miranda case, the Supreme Court thought that those rights were important enough for suspects to be reminded of them as they are placed under arrest. The result was the now-famous Miranda warning, taken from Chief Justice Earl Warren's decision: You have the right to remain silent; anything you say can and will be used against you; and you have the right to have an attorney present.

• Evansville Courier & Press (2007-Current)
• May 24, 2011

• State v. Grate, (Ohio 2009)

CRIMINAL - Sex Offender Registration and Notification Act; sexually oriented offender; former R.C. 2950.06; Adam Walsh Act; petition to contest classification; R.C. 2950.031 and R.C. 2950.032; Ex Post Facto Clause; United States Constitution, Section 10, Article 1; legislative intent; punitive legislation; punitive effect; Retroactivity Clause; Ohio Constitution, Section 28, Article II; Double Jeopardy Clause; residency restrictions; R.C. 2950.034; Due Process Clause; United States Constitution, Section 16, Article I; Ohio Constitution, Section 1, Article I; standing; injury in fact; plea agreement; breach of contract; community notification; R.C. 2950.11(F); separation of powers; final judgment; res judicata; expectation of finality; constitutionality

• Ohio Supreme Court

• Mother's Conviction Over Child's Missed School Days Overturned by Mo Supreme Court

A woman whose teenage daughter missed 40 days of school in a six- month period cannot be convicted under Missouri's compulsory school attendance laws because she did not knowingly or purposely cause her daughter to miss school, said the Missouri Supreme Court. Not only did the Supreme Court overturn the conviction and sentence of Brenda Self, but it held a new trial would violate the double jeopardy clause of the U.S. Constitution and ordered Pemiscot County Judge Byron D. Luber to acquit Self upon remand.

• St. Charles County Business Record
• February 22, 2005

• Spangler v. State, (Ohio 2009)

CRIMINAL - Sex Offender Registration and Notification Act; sexually oriented offender; former R.C. 2950.06; Adam Walsh Act; petition to contest classification; R.C. 2950.031 and R.C. 2950.032; Ex Post Facto Clause; United States Constitution, Section 10, Article 1; legislative intent; punitive legislation; punitive effect; Retroactivity Clause; Ohio Constitution, Section 28, Article II; Double Jeopardy Clause; residence restrictions; R.C. 2950.034; Due Process Clause; United States Constitution, Section 16, Article I; Ohio Constitution, Section 1, Article I; standing; injury in fact; community notification; R.C. 2950.11(F); separation of powers; final judgment; res judicata; expectation of finality; constitutionality

• Ohio Supreme Court

• State v. Williams, (Ohio 2008)

Senate Bill 10; classification and registration provisions; residency provision; Ohio Constitution's ban on retroactive laws; ex post facto clause; double jeopardy; separation of powers doctrine; cruel and unusual punishment.

• Ohio Supreme Court

• State v. Martello, 97 Ohio St.3d 398 (2002)

Criminal law — Parole — Postrelease control — R.C. 2967.28(F)(4) does not violate the Double Jeopardy Clause of the United States or the Ohio Constitution.

• Ohio Supreme Court

• State v. Garrett, (Ohio 2010)

gross sexual imposition; R.C. 2907.05(A)(4); jury trial; sufficiency of the indictment; bill of particulars; Sixth Amendment to the United States Constitution; due process; double jeopardy; R.C. 2947.23; Judgment for costs and jury fees; community service upon failure to pay

• Ohio Supreme Court