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Post by Benty on Jan 29, 2005 15:57:56 GMT -6
In the state of Texas, if someone is convicted on a felony murder 1st degree and wins a new trial, can the DA seek the DP on the re-trial?  |
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Post by xray48 on Feb 3, 2005 21:58:55 GMT -6
Interesting question.
I'm not a lawyer, but I would think not. Unless, the prosecuter had new evidence.
It would seem that to get a more severe punishment, would require a totaly new trial. To do that would constitute double jeopardy.
I don't know if an appeal or re-trial would count or not.
Like I said, interesting question.
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Post by Deleted on Feb 3, 2005 22:31:15 GMT -6
In OK if you get a new trial on appeals you can be charges with the DP again. I am sure it is probably the same in other states also. When lawyers talk about the "rule" against double jeopardy, they mean that no one acquitted of a crime can be retried for the same offence. A retrial is not an acquittal. The most famous case with this is Terry Nichols. www.foxnews.com/story/0,2933,128409,00.html Nichols has 10 days to appeal his conviction and sentence. His defense attorneys have urged him not to appeal, since gaining a new trial could result in another attempt to secure the death penalty. |
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Post by Benty on Feb 5, 2005 0:36:36 GMT -6
Thanks Laura...  |
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Post by snowy111 on Feb 5, 2005 14:27:03 GMT -6
In the state of Texas, if someone is convicted on a felony murder 1st degree and wins a new trial, can the DA seek the DP on the re-trial? From what little I understand that if they seek the dp the first time and get it and you get a new trial they can seek it again. If they seek the dp the first time and don't get it and you are granted a new trial they can't seek it again. Example Andrea Yates, since she wasn't given the dp it can't be sought for her again. |
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Post by snowy111 on Feb 5, 2005 14:28:22 GMT -6
In OK if you get a new trial on appeals you can be charges with the DP again. I am sure it is probably the same in other states also. When lawyers talk about the "rule" against double jeopardy, they mean that no one acquitted of a crime can be retried for the same offence. A retrial is not an acquittal. The most famous case with this is Terry Nichols. www.foxnews.com/story/0,2933,128409,00.html Nichols has 10 days to appeal his conviction and sentence. His defense attorneys have urged him not to appeal, since gaining a new trial could result in another attempt to secure the death penalty. Does the law vary from state to state? Andrea Yates can not qualify for the dp again, since it wasn't given the first time. |
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Post by Deleted on Feb 5, 2005 15:21:30 GMT -6
Does the law vary from state to state? Andrea Yates can not qualify for the dp again, since it wasn't given the first time. It probably varies from state to state to a degree, but the same principal so if the night stalker gets a new trial on appeals tey can still seek the DP. As I understand if it is a DP qualifing murder they can seek the DP even if it wasn't on the table the last trial. They can also ask for lesser charges that were not available at the last trial - BUT if they didn't request it the first time they probably won't ask for it the second time. So, even though they could - my guess is they won't. |
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Post by Deleted on Feb 5, 2005 15:27:04 GMT -6
It probably varies from state to state to a degree, but the same principal so if the night stalker gets a new trial on appeals tey can still seek the DP. As I understand if it is a DP qualifing murder they can seek the DP even if it wasn't on the table the last trial. They can also ask for lesser charges that were not available at the last trial - BUT if they didn't request it the first time they probably won't ask for it the second time. So, even though they could - my guess is they won't. The only way I see them seking the DP is if they have more evidence (like a video tape of Andrea asking someone to help her kill them), but they don't have new evidence like that. If the seek the DP without the newer evidence they will in a way be saying that they didn't think it was bad enough then but they changed their minds. They won't admit they were wrong. But it is there on the table incase new evidence does come up. With Andrea Yates they will not seek the DP without new evidence. |
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Post by snowy111 on Feb 5, 2005 19:07:33 GMT -6
The only way I see them seking the DP is if they have more evidence (like a video tape of Andrea asking someone to help her kill them), but they don't have new evidence like that. If the seek the DP without the newer evidence they will in a way be saying that they didn't think it was bad enough then but they changed their minds. They won't admit they were wrong. But it is there on the table incase new evidence does come up. With Andrea Yates they will not seek the DP without new evidence. An expert on TV said it couldn't be sought the second time since she wasn't given it the first time. |
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Post by Deleted on Feb 7, 2005 0:58:09 GMT -6
An expert on TV said it couldn't be sought the second time since she wasn't given it the first time. As I said it probably vaies from state to state. I don't know TX law. In some states they can. But won't unless there is new evidence. |
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Post by Deleted on Feb 7, 2005 1:05:13 GMT -6
Maybe the law is ONLY if they have new evidence that they can seek it if not sought in the first trial? I don't know now... because I remember watching something on it and it was like a retrial when they didn't seek death and were asked if they would for the retrial and they said they wouldn't without new evidence. But I don't recall what state that was. |
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Post by Felix2 on Mar 3, 2005 5:19:33 GMT -6
dont you think that when new trials happen, especially in the case of DP, it suggests a very cavalier attitude by the justice system in the way it metes out death sentences?
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