Double Jeopardy

The Constitution's double jeopardy clause generally forbids subsequent prosecutions. But the Supreme Court has made one exception. Saying that the federal government and the states are independent sovereigns, the court has allowed separate prosecutions of the same conduct in state and federal courts.

How long does it take from the time of the notice of appeal until oral argument? For a civil appeal, approximately 12-20 months from the notice of appeal date. If briefing isn't delayed, approximately 9-12 months from completion of briefing. For a criminal appeal, approximately 4-5 months after briefing is complete.

The chances of winning a criminal appeal in California are low. Only about 20 percent of criminal appeals are successful.

When Double Jeopardy Protection Ends: Appeal Every defendant has the right to at least one appeal after conviction. If the conviction is reversed on appeal for insufficient evidence, it's treated as an acquittal and further prosecution is not permitted.

This provision enshrines the concept of autrefois convict, that no one convicted of an offence can be tried or punished a second time. However, it does not extend to autrefois acquit, and so if a person is acquitted of a crime he can be retried.

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "

Use Form 1 to appeal a District Court judgment or order. Use Form 2 to appeal a Tax Court decision. Use Form 3 to ask the Court to review an Agency, Board, Commission, or Officer order (this includes a decision from the Board of Immigration Appeals). Use Form 5 to appeal a Bankruptcy Appellate Panel judgment or order.

The Court Holds that a Defendant Can Waive His Double Jeopardy Protections When He Agrees to Severance of the Charges.The Court stated that the Double Jeopardy Clause was designed to protect against government oppression, not from the consequences of a defendant's voluntary choice.