Double Jeopardy Barred Retrial of Defendant When Evidence Insufficient Due to Incorrect Taking of Judicial Notice
Generally, if a conviction is reversed because of an error at trial, a retrial does not violate double jeopardy. If a conviction is reversed because of insufficient evidence, a retrial violates double jeopardy (Ohio Constitution, Article I, Section 10). What if the trial court erroneously took judicial notice of a fact necessary to prove the […]