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Double Jeopardy Murder Retrial

Posted by John P. Rutkowski | Apr 17, 2019 | 0 Comments

Criminal law -- Double jeopardy -- Collateral estoppel component of double jeopardy did not bar state from introducing, at defendant's retrial on murder and conspiracy charges, an acquaintance's testimony that defendant had solicited him to commit murder, although this testimony was the factual basis for the solicitation charge for which defendant was acquitted at his first trial. Collateral estoppel does not bar government from retrying defendant after jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for legal error unrelated to the inconsistency. Where jury in first trial convicted defendant of conspiring with codefendant to murder victim, but simultaneously acquitted him of the solicitation that proved the existence of the conspiracy beyond a reasonable doubt, the original verdict was irreconcilably inconsistent, and state was not barred from introducing testimony about the solicitation to establish that defendant and co-defendant conspired to murder the victim.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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