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.
Posted by WomanoftheLaw at 11:06 AM