FifthAmendment DueProcess CriminalProcedure
Where a defendant is found guilty at a second trial after reversal of the first trial's verdict of guilty but mentally ill: 1) Is a double jeopardy claim as to the second trial's guilty verdict substantive or procedural, and thus waived by a failure to raise prior to trial; and 2) Is the guilty verdict barred by the double jeopardy doctrine of collateral estoppel?
QUESTION PRESENTED Where a defendant is found guilty at a second trial after reversal of the first trial’s verdict of guilty but mentally ill: 1) Is a double jeopardy claim as to the second trial’s guilty verdict substantive or procedural, and thus waived by a failure to raise prior to trial; and 2) Is the guilty verdict barred by the double jeopardy doctrine of collateral estoppel? il