No. 21-5393
Response WaivedIFP
Tags: collateral-estoppel criminal-procedure double-jeopardy mental-health procedural-due-process procedural-law reversal-of-conviction substantive-law trial-reversal
Latest Conference:
2021-09-27
Question Presented (from Petition)
Where a defendant is found guilty at a second trial after reversal of the first trial's verdict of guilty but mentally ill: 1) Is a double jeopardy claim as to the second trial's guilty verdict substantive or procedural, and thus waived by a failure to raise prior to trial; and 2) Is the guilty verdict barred by the double jeopardy doctrine of collateral estoppel?
Question Presented (AI Summary)
Where a defendant is found guilty at a second trial after reversal of the first trial's verdict of guilty but mentally ill: 1) Is a double jeopardy claim as to the second trial's guilty verdict substantive or procedural, and thus waived by a failure to raise prior to trial; and 2) Is the guilty verdict barred by the double jeopardy doctrine of collateral estoppel?
Docket Entries
2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-25
Waiver of right of respondent Georgia to respond filed.
2021-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2021)
Attorneys
Georgia
Ross Warren Bergethon — Georgia Department of Law, Respondent
Hemy Neuman