Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

Criminal Law

: Defense Newsletter Blog

McIntosh: Second Indictment must be dismissed after guilty plea to first indictment

By Tim Cone

In U.S. v. McIntosh, No. 08-15549 (Aug. 27, 2009), the Court held that Double Jeopardy barred the government from indicting a defendant for a second time, after the defendant pled guilty to a first indictment charging the same offenses, but on different (erroneous) dates.A first indictment charged drug and firearm offenses occurring in February 2007. The defendant pled guilty. However, prior to sentencing, the government informed the court that the date of the indictment was wrong: the offenses occurred in November 2005. The government obtained a second indictment, and moved to dismiss the first one.The Court noted that, for Double Jeopardy purposes, jeopardy attaches when a court accepts a guilty plea. It is a conviction. Thus, here, jeopardy attached...continue to full post

Full post as published by Defense Newsletter Blog on August 28, 2009 (boomark / email).