Legal Opinion

Randall v. Rothwax

Appellate Division of the Supreme Court of the State of New York

Decided September 6, 1990PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Murphy, P. J.

Petitioner in this proceeding brought pursuant to CPLR article 78 seeks to prohibit the New York County District Attorney from reprosecuting him upon indictment number 2495/89. He claims that reprosecution will violate his constitutional right not to be twice placed in jeopardy of conviction for the same crime. The unique circumstances giving rise to petitioner’s claim are as follows:

Petitioner was charged in indictment number 2495/89 with attempted murder in the second degree and related crimes. His trial commenced on June 13, 1989 before Justice Rothwax. On…

2Cases cited14 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. United States v. JornSupreme Court of the United States · 1971
  4. Oregon v. KennedySupreme Court of the United States · 1982
  5. Wade v. HunterSupreme Court of the United States · 1949

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Randall v. RothwaxNew York Court of Appeals · 1991
  2. People v. OyagueAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. CanalesAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. FossettAppellate Division of the Supreme Court of the State of New York · 1995
  5. Eatherton v. StateWyoming Supreme Court · 1991

4 more not listed; retrieve them via the Exa API.

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