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4 Cards in this Set
- Front
- Back
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Fong Foo
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Final is Final, can't review an acquittal without subjecting D to double jeopardy. In this case judge directed a verdict when he clearly shouldn't have, but " so long as it looks like a verdict on the merits, can't review.
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Smith vs. MA
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Can't acquit on one of multiple counts mid trial and then reverse based on new evidence and send to the jury.
In this case the judge directed a verdict on one count and later came back, reversed, and sent to the jury. Rationale: D might present defenses that wouldn't have had that acquittal not happened. |
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Ash v. Swinson
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Once a question of ultimate fact has been determined by a valid and final judgment, tat issue cannot again be litigated between the same parties in any future lawsuit. (Double Jeopardy) In this case the second trial related to a different victim but the same robbery for which D was acquitted in the first trial (couldn't have committed the second murder if he wasn;t the robber)
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Oregon v. Kennedy
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Can't assert double jeopardy protection after moving for a mistrial unless the motion was based on prosecutorial or judicial misconduct INTENDED to cause D to move for a mistrial (really just guarding against foul play, lawyer fucks up and tries for a mistrial to get a second shot)
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