Issues of double-jeopardy today. It’s important to note, just getting your conviction reversed doesn’t always prevent them from charging you again.
A11-1379 State of Minnesota, Respondent, vs. Juan Humberto Castillo-Alvarez, Appellant
A12-0081
Jackson County District Court, Hon. Linda S. Titus.
1. When a defendant’s conviction in another jurisdiction has been reversed on appeal for issues unrelated to the sufficiency of the evidence, Minn. Stat. § 609.045 (2008) does not bar a second prosecution in Minnesota for the same conduct.
2. When a defendant’s conviction in another jurisdiction has been reversed on appeal for issues unrelated to the sufficiency of the evidence, the double-jeopardy clause of the Minnesota Constitution does not bar a later prosecution in Minnesota for the same conduct.
Affirmed in part and reversed in part; motion denied. Judge Margaret H. Chutich.
By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533