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Convictions (on Fourth Attempt) Don't Violate Double Jeopardy

By Jonathan Byrne

US v. Hall: Hall and his codefendant, Handy, were repeatedly prosecuted by the Government for their roles in a complex drug trafficking scheme. Twice they were tried in the District of Columbia, but the jury either acquitted or hung on the charges and mistrials were declared. The prosecution shifted to Maryland, where the defendants were tried twice. The first trial resulted in a mistrial after another hung jury. A second trial, at which the defendants were pro se, they were convicted on multiple counts, including conspiracy, use of a communications facility during a drug trafficking crime, and possession with intent to distribute.On appeal, the defendants raised numerous procedural challenges to their conviction, all of which were rejected by the Fourth Circuit...continue to full post

Full post as published by Fourth Circuit Blog on January 12, 2009 (boomark / email).