October 31, 2014

Double jeopardy opinion filing Monday

On Monday morning, the Supreme Court will file its opinion in People v. Eroshevich.  The case raises these issues:  (1) If a trial court issues a ruling equivalent to an acquittal after a jury has entered a guilty verdict and the Court of Appeal reverses the trial court’s ruling on appeal, does the trial court’s erroneous acquittal nevertheless bar retrial under principles of double jeopardy if, on remand, the defendant renews an earlier motion for a new trial?  (2) In such circumstances, is the Court of Appeal permitted to direct a trial court to dismiss charges and acquit a defendant if the trial court decides to grant the defendant’s motion for a new trial under Penal Code section 1181?

Eroshevich was argued on the September calendar.

The opinion can be viewed Monday starting at 10:00 a.m.

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