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· 12/6/1933

Straubel v. Commissioner

Citations

  • 29 B.T.A. 516
  • 1933 BTA LEXIS 932

How courts have described this case

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

  • remanding for retrial on second degree felony murder predicated on criminal mistreatment following reversal of felony murder predicated on assault where general verdict did not exclude the possibility the jury relied on the invalid alternative
  • \[T]he State may retry Daniels for the same charge when a conviction is reversed for any reason other than insufficient evidence.\
  • Miranda claims are issues of law that we review de novo; unchallenged findings of fact are binding on appeal
  • “[T]he State may retry Daniels for the same charge when a conviction is reversed for any reason other than insufficient evidence.”
  • “When the jury cannot decide a verdict, and disagreement is formally entered onto the record, then the State’s one bite continues and the defendant can be retried.”
  • Miranda claims are issues of law that we review de novo; !Jnchallenged findings of fact are binding on appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: McMahon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.