Legal Opinion
People v. Gause
New York Court of Appeals
Decided June 5, 2012PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
In this case, where the defendant’s conviction for depraved indifference murder was reversed on appeal, the issue before this Court is whether, in accord with the principles of double jeopardy, defendant was impliedly acquitted of intentional murder when the jury was instructed to consider intentional murder and depraved indifference murder in the alternative, but that it could return a verdict on only one of the offenses. Because the first jury had a full opportunity to return a verdict on both inconsistent charges, defendant was impliedly acquitted of the other…
2Cases cited10 opinions
- NielsenSupreme Court of the United States · 1889
- People v. FergusonNew York Court of Appeals · 1986
- People v. GallagherNew York Court of Appeals · 1987
- Blueford v. ArkansasSupreme Court of the United States · 2012
- People v. JacksonNew York Court of Appeals · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. DukesAppellate Division of the Supreme Court of the State of New York · 2014
- State v. BenNew Mexico Court of Appeals · 2015
- People v. AlvaradoAppellate Division of the Supreme Court of the State of New York · 2013
- ALVARADO, HECTOR, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- DUKES, ROBERT, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
9 more not listed; retrieve them via the Exa API.