His death penalty conviction was overturned on procedural grounds, and the prosecutor subsequently refused to reindict
him after Dr.
the defendant on more serious charges if he did not plead
357, 358-59 (1978) (holding that a prosecutor's plea offer, accompanied by a threat to reindict
defendant as recidivist unless it was accepted, did not fall outside constitutional boundaries).
357, 364-65 (1978) (upholding a prosecutor's decision to reindict
a defendant on heavier charges carrying a possible life sentence because the defendant had refused to take an offered plea bargain).
a provably false representation in addition to knowledge of its falsity to make criminal mail fraud." (36) Although the majority seemed assured that the federal government would simply reindict
the Ballards, (37) the prosecution may have been convinced by Justice Jackson's reasoning; in any event, no additional charges were filed and the "I Am" movement appears to have been thriving through at least 1950.
1998) (applying the frustration of purpose doctrine to permit the government to reindict
the defendant); United States v.
First, it argued that the defendant was not a "prevailing party" under the Hyde Amendment because the government had the authority to reindict
him and that dismissal without prejudice might rest on factors other than the government's improper behavior(157) Second, the government argued that the dismissal was not a "final judgment," and therefore, defendant's claim was premature.(158) Third, and finally, the government urged that the defendant's claim should be barred because of his failure to demonstrate his qualification for an award by asserting that his net worth was under the jurisdictional amount.(159) Faced with these procedural questions, the court sought the answers by reference to the legislative record of the Hyde Amendment's enactment.
Torres,(246) the Court of Criminal Appeals initiated the development of an independent approach when it rejected the Supreme Court's standard for attachment of double jeopardy at a bench trial.(247) In Torres, the court reaffirmed the appeals court's finding that where appellee was indicted for the felony offense of escape, and the trial court later dismissed his case for lack of prosecution, the state could not reindict
appellee for the same offense.(248)
(7.) Some have argued that Walsh's decision in October 1992 to reindict
Caspar Weinberger, and in the course of that being made public, release evidence of Bush's involvement in a key meeting, hurt the president's reelection chances.
In closely analogous circumstances, the Second Circuit found no vindictiveness when a defendant successfully pursued a statute of limitations defense in the state's highest court, and the prosecution then reindicted
him for a capital charge not subject to any limitations period.
The case against Green was temporarily discontinued and he is expected to be reindicted
with Clark and Whitehouse.
Weinberger had recently been reindicted
by the special prosecutor, but Bush's pardon ended Weinberger's case while also ensuring that Bush himself would not be exposed to potential legal consequences (Crouch 2009, 101-07).