Advisory Opinions Inconsistent and Repugnant
Nov 30, 2023
Supreme Court argument on double jeopardy law, dating site shoutout, mistrials vs. double jeopardy, federal rights vs. state interpretations, the coolest unused word, losing with valor at SCOTUS, Fifth Circuit and Rahimi case, AO's next guest
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AO Comments Turned Dating Board
- Sarah read a humorous AO comment that turned the comments into a dating site, like 'Stable, interesting guy with a tiny freezer.'
- The hosts joked that the AO comment section is now a matchmaking hub.
Void Versus Vacate Changes Double Jeopardy
- Whether vacating or voiding a verdict changes double jeopardy consequences is pivotal.
- If a state 'voids' a verdict it never existed, but if it 'vacates' it, a federal double jeopardy claim may still attach.
Anticipate Repugnancy Double-Jeopardy Tactics
- Defense counsel can strategically use state repugnancy doctrines to erase convictions and then invoke double jeopardy.
- Prosecutors should anticipate such gambits and prepare arguments on why vacated findings still permit retrial on other counts.