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Tag Archives: Double Jeopardy

Criminal Law: Double Jeopardy-Unavailable Witness-Closing Argument

(1)Where a defendant in a drug case argued that evidence about the possession of a gun would violate the protection against double jeopardy and constitute uncharged criminal conduct, the admission of the evidence did not implicate the double jeopardy protection ...

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Criminal Law: Distribution of Child Pornography-Consecutive Sentence-Double Jeopardy

Defendant pleaded guilty to distributing child pornography. The district court imposed a sentence at the bottom of the guidelines range but ordered it to run consecutive to an earlier-imposed sentence following the revocation of defendant’s supervised release. On appeal, defendant ...

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Criminal Law: Child Pornography-Double Jeopardy

Defendant was convicted of sexual exploitation of a minor and possession of child pornography arising from a recorded video on his cell phone. On appeal, defendant argued that his conviction violated double jeopardy because possession of child pornography was a ...

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Criminal Law: Revocation of Supervised Release-Dismissal of Indictment-Double Jeopardy

Defendant’s supervised release was revoked for possession of a firearm. Defendant was also subjected to federal charges for the same conduct that led to revocation of his supervised release. On appeal, defendant argued that the district court erred in failing ...

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Criminal Law: Child Pornography-Unanimous Verdict-Double Jeopardy

Where a defendant challenged his conviction for child-pornography offenses, evidence that the defendant made admissions to an agent, used passwords to protect his computer and that he was a sophisticated computer user was sufficient to find that he knowingly attempted ...

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Criminal Law: Post-Conviction Relief- Double Jeopardy- Statutory Rape

Where a defendant, who pleaded guilty to counts of statutory rape and forcible rape for two single acts, brought a double-jeopardy challenge, the judgment is affirmed because the legislature intended that forcible rape and statutory rape be separate and distinct ...

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Criminal Law: Post-Conviction Relief- Double Jeopardy- Sentencing Without Determination of Eligibility

Defendant pleaded guilty to resisting a lawful stop and various drug offenses. At the plea hearing, the trial court sentenced defendant to incarceration but sent him to the Long Term Drug Program, but because defendant was already serving a sentence ...

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