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· 9/26/2023

McLennan v. McLennan

Citations

  • 2023 NY Slip Op 04724

How courts have described this case

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

  • holding that Double Jeopardy Clause prevented imposition of death sentence upon retrial when jury had imposed life imprisonment at the first trial
  • holding that Double Jeopardy Clause prevented imposition of death sentence upon retrial when jury had imposed life imprisonment at the first trial
  • holding that double-jeopardy clause limits the State’s power to subject defendant to successive capital sentencing proceedings
  • holding that double-jeopardy clause limits the State's power to subject defendant to successive capital sentencing proceedings
  • recognizing that confrontation rights extend to the aggravation phase, but not to the penalty phase, of a bifurcated capital penalty hearing
  • holding that a defendant sentenced to life imprisonment by a capital sentencing jury cannot later be re-sentenced to death if his convietion is reversed and he is retried for the same offense

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.