by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Double jeopardy exists in a second trial only when the charge in that trial is:(1) Identical with or a different grade of the same offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A person shall not be considered as having been in jeopardy in a trial in which:(1) The court was illegally constituted or lacked jurisdiction;(2) The prosecution was dismissed because it was instituted in an improper venue; or(3) The indictment was invalid.La. Cr.P....
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Double jeopardy may be raised at any time, but only once, and shall be tried by the court alone. If raised during the trial, a hearing thereon may be deferred until the end of the trial.La. Cr.P. § 594
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Double jeopardy shall be raised by a written motion setting forth the name of the court, the proceeding in which the defendant was in jeopardy, and the facts constituting double jeopardy.La. Cr.P. § 593
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a defendant pleads not guilty and is tried by jury, jeopardy begins when the jury panel is sworn pursuant to Article 790. When a defendant pleads not guilty, and is tried without a jury, jeopardy begins when the first witness is sworn at the trial on the merits....
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
No person shall be twice put in jeopardy of life or liberty for the same offense, except, when on his own motion, a new trial has been granted or judgment has been arrested, or where there has been a mistrial legally ordered under the provisions of Article 775 or...
Recent Comments