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With one exception, the prosecution in the United States cannot appeal an acquittal because of constitutional prohibitions against double jeopardy. The U.S. Supreme Court has ruled: If the judgment is upon an acquittal, the defendant, indeed, will not seek to have it reversed, and the government cannot. U.S. v. Sanges, 144 U.S. 310 (1892).
Once acquitted, a defendant may not be retried for the same offense: "A verdict of acquittal, although not followed by any judgment, is a bar to a subsequent prosecution for the same offense." [9] This applies in all cases where a verdict of not guilty is entered by the Court against a defendant.
And due to the double jeopardy principle, the state or prosecution may never appeal a jury or bench verdict of acquittal. But in some jurisdictions, the state or prosecution may appeal "as of right" from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion.
Scott refused to lift his suspension of Pizzi after his acquittal, but the Florida Supreme Court ordered the governor to act. Pizzi served out a second term, then lost his next re-election bid.
This can only be appealed after a guilty verdict; a judgment cannot be appealed if made after the prosecution rests, but before the defense begins, rather than after a verdict. In U.S. federal criminal cases, the term is "judgment of acquittal".
The trial court’s original guilty verdict should be upheld and Mason’s acquittal reversed, the District Attorney’s Office argued in a April 25 court filing and news release.
Mathes appealed her charges up to the Iowa Supreme Court, which in 2020 issued a split 3-3 ruling, leaving intact the lower court rulings upholding her charges. In State of Iowa v.
In many European countries, the prosecution may appeal an acquittal to a higher court. [ citation needed ] This is not regarded as double jeopardy, but as a continuation of the same case. The European Convention on Human Rights permits this by using the phrase "finally acquitted or convicted" as the trigger for prohibiting subsequent prosecution.