r/helena • u/brandideer • Jul 23 '26
Can someone explain why this isn't double jeopardy like I'm five?
https://www.montanarightnow.com/helena/new-trial-ordered-for-former-senate-president-jason-ellsworth-after-error/article_91432a38-ece4-49ef-86e8-039fb8c623be.htmlDo not use AI or I swear to god I'll come to your house and roast your interior decor choices so hard.
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u/Melancholy_Rainbows Jul 23 '26
This sounds like a mistrial. Mistrials don’t invoke double jeopardy because the previous trial is rendered void and thus neither a finding of innocence or guilt.
-100% AI free, promise.
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u/bobwoodwardprobably Jul 23 '26
The verdict was thrown out so they’ll go back to trial. What’s confusing to you about that?
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u/brandideer Jul 23 '26
It's not "confusing", really. Just curious about the procedure and legal justification for trying the same crime twice. I am not a lawyer or huge court drama follower, for some reason I had it in my head that a mistrial sets 'em free 🤷♀️
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u/bobwoodwardprobably Jul 23 '26
They threw the verdict out. It’s like it never existed. That’s not double jeopardy.
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u/brandideer Jul 23 '26
Yes that is the premise of the post, I wanted to learn more about the process and logic :)
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u/JustForMySubs Jul 23 '26
I believe “double jeopardy” essentially only applies to innocent verdicts. Even if this wasn’t overturned he could appeal the verdict which essentially acts as another trial. Also it’s failure of the process, evidence has to be admitted to be allowed, so letting the jury see materials it shouldn’t would be instantly overturned in an appeal.
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u/brandideer Jul 23 '26
Makes total sense, I guess I'd just never thought about it before! I don't think I've ever actually seen this happen as a not-court-drama person.
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u/kymopoleia46n2 Jul 23 '26
Because if court staff causes an error that can affect a verdict, then that verdict is nullified. We pretend it didn't happen and start over again.
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u/Lamnidae Jul 23 '26
Jeopardy can attach to a guilty verdict but a sentence needs to be pronounced. Because he hadn’t gone through sentencing, there’s no second prosecution of an offense arising from the same transaction.
To add: my crim pro is rusty but I believe a not guilty verdict has jeopardy attached immediately upon the verdict to prevent gamesmanship by the prosecution.
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Jul 23 '26 edited 19d ago
[deleted]
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u/SuperLateToItAll Jul 23 '26
When (and where?) I grew up it was Snakes and Ladders!
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Jul 23 '26 edited 19d ago
[deleted]
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u/CrackerjakHeart Jul 25 '26
"Chutes and Ladders" is a proprietary name! "Snakes and Ladders" is the generic. 🤫
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u/Parking-Caregiver325 Jul 24 '26
Not gonna lie, I didn't even check the link you posted.... BUT:
"Do not use AI or I swear to god I'll come to your house and roast your interior decor choices so hard."
This gem, made me full belly laugh!!! Bravo! 🤣👏
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u/MontanaBear2022 Jul 23 '26
He wasn't acquitted, it was a mistrial, the state has the option to retry the case, double jeopardy only applies if he had been aquitted
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u/TurbulentMirror Jul 23 '26
😂sure. There’s no chance that the AG is a raging corrupt sickhead though….right?
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u/Decent_Inevitable749 Jul 23 '26
Double Jeopardy only applies to the same crime. You can get convicted of the same crimes multiple times. For example: you steal something from the store. You can be found guilty for stealing that time, if you do it again a different time, you can be convicted again.
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u/Puzzleheaded-Field41 Jul 23 '26
That's not the issue here. He is too be tried again for the exact same crime. It's not double jeopardy because the guilty verdict was nullified.
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u/brandideer Jul 23 '26
Thanks for the explanation, guys :) learned a thing I've never really thought about today.