Tuesday, February 22, 2005

Handed down today: Smith vs. Massachusetts. A defendant's right against Double Jeopardy was violated when the judge acquitted the defendant mid-trial of a charge, then reinstated the charge before it went to the jury. I think that sounds like a fair ruling, except that the opinion seems to indicate that if MA had an explicit rule of procedure that permitted reconsideration, it would not violate Double Jeopardy. I disagree.

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