Double-Jeopardy - Sufficiency of the Evidence

Double-Jeopardy - Sufficiency of the Evidence

Issues of double-jeopardy today.  It's important to note, just getting your conviction reversed doesn't always prevent them from charging you again.

A11-1379        State of Minnesota, Respondent, vs. Juan Humberto Castillo-Alvarez, Appellant

A12-0081

Jackson County District Court, Hon. Linda S. Titus.

1.  When a defendant's conviction in another jurisdiction has been reversed on appeal for issues unrelated to the sufficiency of the evidence, Minn. Stat. § 609.045 (2008) does not bar a second prosecution in Minnesota for the same conduct.
2.  When a defendant's conviction in another jurisdiction has been reversed on appeal for issues unrelated to the sufficiency of the evidence, the double-jeopardy clause of the Minnesota Constitution does not bar a later prosecution in Minnesota for the same conduct.

Affirmed in part and reversed in part; motion denied.  Judge Margaret H. Chutich.

By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533

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