When a murder conviction is overturned and remanded for a new trial, is there a possibility the defendant would not be re-tried?

UPDATED: Nov 14, 2011

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When a murder conviction is overturned and remanded for a new trial, is there a possibility the defendant would not be re-tried?

Two men are charged with murder. One pleads guilty. The other does not and stands trials. He is convicted but wins his appeal based on an expanded jury instruction. Is it possible the state would not indict the defendant a second time?

Asked on November 14, 2011 under Criminal Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In the event that a person who was convicted for murder by a jury but successfully appeals the decision based upon improper jury instructions where the appellate court remands the case back for a new trial, the prosecution could dismiss the charges and not elect to try the case a second time or try it.

The is also the chance that the state may nor refile charges at all based upon what the prosecution believes the chances of success at trial. However, since there was a conviction by a jury, the chances of the charges not being refiled seems remote.


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