Post-Trial Considerations

Question 1

Double Jeopardy - 5th Amendment

Answer 1

Protects against a second prosecution for same offense after acquittal/conviction and against multiple punishments of the same offense

Bars successive prosecution for greater/lesser included offenses unless someone ends up dying (ex: battery turns to manslaughter

Attachment occurs once jurors are sworn in

D can be charged in fed/state court & civil actions are not precluded

Question 2

Appeal

Answer 2

The right to appeal is not guaranteed.

D is guaranteed EP and right to counsel (but counsel may withdraw and there is no right to self-rep here)

Discretionary appeal - indigent D does not have right to appointment of counsel unless conviction was based on guilty or nolo plea

Grounds:
- Errors must be timely preserved for consideration on appeal.
- Harmless error are not grounds for reversal
- D who failed to preserve claim of error may be entitled to appellate relief if: 1) district court committed error under law in effect at time appeal is heard, 2) error is obvious under that law, and 3) error affected D’s substantial rights

Question 3

Conviction

Answer 3

D can attack conviction after unsuccessful appeal under writ of habeas corpus (civil - POE)

Court will apply 2 tests:
1) unlawful detention was contrary to law and injurious effect/influence on verdict and
2) court’s decision was contrary to law or based on unreasonable determination of facts