In Alabama, if a defendant pleads guilty, is sentence to die and appeals, does Double Jeopardy apply?

Question

In Alabama, if a defendant pleads guilty, is sentence to die and appeals, does Double Jeopardy apply?

Answer 1

Short answer, no..  

Double Jeopardy only applies once found innocent of a crime, or if the charges are dropped with Prejudice.  In this case, the defendant pled to the crime, the appeal is only relevant to the sentence as I read it.

If the defendant appealed to withdraw the plea, that was accepted, and the case went to trial, and the defendant won, then jeopardy would attach.

Answer 2

Your question is confusing. Please ask your question again more clearly.  

Answer 3

You can't appeal a case if you plead guilty to it.

Answer 4

Double Jeopardy only applies when a person is tried, and aquitted or found not guilty, etc- he or she can not be re-tried. Like OJ Simpson, even if he walks out in the street today and says he killed Nicole and Ron...he can't be re-tried because he's already been found not guilty.

In Alabama, if you plead guilty you waive your right to appeal.

Answer 5

WHAT?

"Double jeopardy" means the person was found innocent for a crime once, so cannot be charged for that crime again.

That person was found guilty already when they PLEADED GUILTY.

Answer 6

Double Jeopardy is a movie.  It's not completely created of fact.  Though you can not be tried for the same crime twice, if you commit a crime after you have served your time, it's a new crime.  Besides, you have to show new evidence or have another good reason to get an appeal, so you aren't really being tried again, you're just bringing new evidence before the court.

Answer 7

Actually Ashleigh, subject to California laws, OJ can be tried again for the murders of his wife and Ron Goldman.

Check your Fifth Amendment, by the literal reading of the constitution, it only applies to death sentence trials.

Answer 8

No, double jeopardy does not apply.  The appeals court is an arena to try and have the verdict of the original trial overturned altogether, converted into a lighter sentence, or give the person gets a new trial altogether.  If the appeals case results in the person going free, then double jeopardy does apply and they cannot be charged with this crime again.