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· 10/18/2023

Matter of Kamiah J. N. H. (Katrina H.)

Citations

  • 220 A.D.3d 861
  • 198 N.Y.S.3d 191
  • 2023 NY Slip Op 05260

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the federal Double Jeopardy Clause does not apply to noncapital sentencing enhancement proceedings
  • holding that the Double Jeopardy Clause does not preclude retrial in the noncapital sentencing context where the original sentence was reversed because there was insufficient evidence to support a recidivism sentence enhancement
  • holding that the Double Jeopardy Clause does not preclude retrial in the noncapital sentencing context where the original sentence was reversed because there was insufficient evidence to support a recidivism sentence enhancement
  • concluding that the Double Jeopardy Clause does not apply in the non-capital sentencing context
  • holding that the Double Jeopardy Clause is not applicable to noncapital sen- fencing proceedings
  • holding that the double jeopardy clause does not apply to non-capital sentencing proceedings; the case involved a “three-strikes” sentencing enhancement where the State had failed to provide sufficient evidence to prove one of the predicate offenses

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.