|
Chuck M.
11/17/2021 02:49:12 pm
There's also a related appeal filed by the Gov't (ACCA docket no. 20210585).
Donald G Rehkopf, Jr.
11/17/2021 03:24:59 pm
Findings were announced; jeopardy had attached. Everyone go home and study Con Law.
William Cassara
11/17/2021 03:47:23 pm
Don: Certainly the way I see it. Not sure why this is really in dispute.
Brenner Fissell
11/17/2021 05:08:32 pm
too bad there is no functioning PACER system to read it... 11/18/2021 01:12:52 am
https://www.jagcnet.army.mil/ACCALibrary/cases/98b652cd-18cf-4852-94f9-5ba33b1f869f
Tami a/k/a Princess Leia
11/18/2021 10:39:54 am
What part of "a finding of not guilty can't be appealed" doesn't the government understand?
A Reader
11/18/2021 12:28:53 pm
I though the same initially, and I think I still do, but after the Government uploaded their briefs I think it is a little more interesting. It looks like there was a plea agreement for the TC to not put on evidence on two charges, and then plead guilty to another one. The Government followed it and the judge found the accused not guilty, then the accused backed out of the plea agreement. The Government's argument, based on a reading of Currier v. Virginia, is that the accused, by his conduct, consented to a situation where he would be able re-tried and the guilty findings withdrawn.
Anonymous
11/18/2021 03:20:56 pm
The Government brief contains strong persuasive authority that most (if not all) of the federal circuits would rule in the Government's favor in this situation. Comments are closed.
|
Links
CAAF -Daily Journal -Current Term Opinions ACCA AFCCA CGCCA NMCCA Joint R. App. Pro. Global MJ Reform LOC Mil. Law Army Lawyer Resources Categories
All
Archives
April 2022
|
