Criminal,
9th U.S. Circuit Court of Appeals
Feb. 9, 2018
9th Circuit hears arguments on double jeopardy
The defense opposed retrial after a jury acquitted on conspiracy and obstruction and hung 10-2 for acquittal on lying to the FBI.
MARINO
Retrying a case in which a jury acquitted a sheriff's deputy of conspiracy and obstruction and hung 10-2 for acquittal on the allegation of lying to the FBI would amount to double jeopardy, a defense attorney argued before a 9th U.S. Circuit Court of Appeals panel on Thursday.
The U.S. attorney's office argued that the officer waived his double jeopardy protection by asking a district court to declare a mistrial on the lying charge...
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