YOU ARE HERE: LAT HomeCollectionsDouble Jeopardy

Double Jeopardy

July 1, 1987
The 4th District Court of Appeal on Tuesday dismissed the felony case against a Newport Beach man accused of causing an accident three years ago in which two people were injured, saying prosecutors had placed him in double jeopardy. Kevin R. Bas had pleaded guilty to misdemeanor counts in connection with the Newport Beach accident: driving on a suspended license and without a license in his possession, making an illegal left turn and failure to yield the right of way.
August 16, 2008 | Ann M. Simmons
A hearing on a defense motion to dismiss murder and conspiracy charges against a Japanese national accused in his wife's 1981 slaying in downtown Los Angeles ended Friday without a ruling. Torrance Superior Court Judge Steven Van Sicklen continued the case against Kazuyoshi Miura, now 61, who was found guilty of his wife's murder in Japan in 1994, but was later acquitted. Mark Geragos, who is representing Miura, argued that his client can't be tried for the crime in the United States without unconstitutionally placing him in double jeopardy.
Will they or won't they? One week ago, anybody with a mild interest in O.J. Simpson's double murder trial knew how both sides intended to respond in the not-unlikely event that the number of available jurors fell below 12: The former football star's lawyers repeatedly and forthrightly said they were prepared to proceed, come what may. Dist. Atty. Gil Garcetti insisted that his office would not make a decision until circumstances compelled it. All that clarity is behind us.
March 9, 2008 | From the Associated Press
Celebrity attorney Mark Geragos confirmed Saturday that he is representing a Japanese businessman accused of fatally shooting his wife in the 1980s and said his first order of business will be to try to get the charges dismissed on grounds of double jeopardy. Kazuyoshi Miura was convicted of his wife's murder in Japan in 1994, but the conviction was overturned on appeal. Although the original trial was in Japan, Geragos said he believes U.S. law still prevents Miura from being tried again for the same crime.
The Justice Department Thursday urged the U.S. 9th Circuit Court of Appeals to reverse a unanimous ruling that bars the government from taking the criminal proceeds of convicted felons on grounds that doing so violates the constitutional guarantee against double jeopardy. In a petition for rehearing filed with the court in Los Angeles, U.S. Atty. Norma M. Manella said that the Sept.
August 9, 2008 | From the Associated Press
California prosecutors filed lengthy papers Friday insisting that a Japanese businessman can be prosecuted in the 1981 murder of his wife in Los Angeles even though he was acquitted of the crime in Japan. In 60 pages of court filings, prosecutors said Kazuyoshi Miura cannot claim double jeopardy because he never entered a plea under California law and was not tried here. At the time of the crime, California law barred prosecution of someone already tried in a foreign jurisdiction.
November 21, 2003 | From Associated Press
The British Parliament on Thursday approved legislation to overturn "double jeopardy" protection for offenses such as murder, rape and armed robbery. The centuries-old legal rule prevents suspects from being tried twice for a crime, and it is enshrined in the legal codes of many of Britain's former colonies, including the United States.
October 22, 2008 | Kim Murphy
An Army lieutenant who faced court-martial for refusing to fly with his unit to Iraq won a partial reprieve when a federal judge ruled he could not be retried on the most serious charge against him. The ruling by U.S. District Judge Benjamin H. Settle concluded that a new court-martial on the issue of 1st Lt. Ehren Watada's failure to board a plane to Iraq would constitute double jeopardy, after his earlier court-martial ended in a mistrial....
August 15, 2008 | From the Associated Press
The lawyer for a Japanese businessman accused of killing his wife in 1981 filed legal papers Thursday insisting that his client was acquitted in Japan of murder and conspiracy and can't be tried in the United States without being placed in double jeopardy. Attorney Mark Geragos filed the papers answering a lengthy prosecution motion on the eve of a major hearing set for this afternoon for Kazuyoshi Miura. A judge is expected to decide whether Miura will be extradited from Saipan to Los Angeles for a murder trial or will be set free to return to his home in Japan.
Los Angeles Times Articles