Legal Question in Criminal Law in Oklahoma

new trial information

Person had 3 counts charged, and in jury trial was acquitted of 1. The jury was hung on the other 2, and judge ordered new trial. Prosecution had adamantly maintained that all 3 counts were tied together, and that this same person committed all 3. Can the acquitted count details (transcript) be used in the new trial? Or, could the case be dismissed, as all 3 counts were considered ''tied together'' as the one and same person committing all 3?

Thanks.


Asked on 3/11/03, 5:57 pm

1 Answer from Attorneys
Terry Pierce Pierce Law Firm, P.C.

Re: new trial information

Without knowing specifics, it is impossible to answer this question definitively. However, I can say, that an acquittal on one count does not automatically preclude retrial on related counts. The question of whether the prosecutor may try to resell the "acquitted count details" as evidence of guilt on the remaining counts is a very complicated question and cannot be answered in general. It really depends upon the specific purpose for which the prosecutor intends to use the "acquitted count details", and a constitutional issue of collateral estoppel may come into play.

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Answered on 3/11/03, 6:49 pm


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