Double Jeopardy – The California Blog of Appeal

I have discovered several hacked posts on my blog, and there are doubtless many more. I am in the process of reviewing posts and taking out material inserted by the hacker(s).

In the meantime, posts should be read with caution. If you see odd links to other law firms, products, or services, or any other indication that you are reading a hacked post, I would appreciate it very much if you would send me the link to the suspected hacked post. You can email links to me at gregATgregmaylaw.com.

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Appellate Procedure, Constitutional Law, Criminal Procedure, Double Jeopardy, Standard of Review, Waiver of Issues

Double Jeopardy Argument Not Waived by Failure to Object to Multiplicitous Convictions and Sentences

December 6, 2007

In U.S. v. Zalapa, case no. 06-50487 (9th Cir. Dec. 5, 2007), the Ninth Circuit holds that a defendant can raise a double jeopardy challenge to his multiplicitous convictions and sentences on appeal even if he fails to object to them in the district court. Zapala was charged with two counts — possession of an unregistered machine gun and possession of an unregistered firearm with a barrel less than 16 inches long — under the same statute, 26 U.S.C. § 5861(d). Catch is, those counts were based on possession of the same gun. Zapala did not object to the indictment, pleaded guilty to all charges without a plea agreement, and…

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Greg May
Appellate Jurisdiction, Appellate Procedure, Constitutional Law, Criminal Procedure, Double Jeopardy, Federal Procedure

Expansive Congressional Authorization for Government Appeals in Criminal Cases

September 4, 2007

In U.S. v. Stanton, case. no. 06-10519 (9th Cir. August 31, 2007), Stanton was convicted by a U. S. Magistrate Judge in a bench trial. He appealed to the District Court, which reversed his conviction. The government appealed from the District Court order. Stanton makes a two-pronged challenge to the government’s right to appeal. First, he contends that jurisdiction is lacking because the government may appeal only where authorized by Congress and the Criminal Appeals Act, 18 USC §3731, does not explicitly authorize the government to appeal from a district court order reversing a conviction entered by a magistrate and ordering an entry of acquittal. Right on both counts, says…

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Greg May