No. 21-5393

Hemy Neuman v. Georgia

Lower Court: Georgia
Docketed: 2021-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-estoppel criminal-procedure double-jeopardy mental-health procedural-due-process procedural-law reversal-of-conviction substantive-law trial-reversal
Key Terms:
FifthAmendment DueProcess CriminalProcedure
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-25
Waiver of right of respondent Georgia to respond filed.
2021-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2021)

Attorneys

Georgia
Ross Warren BergethonGeorgia Department of Law, Respondent
Ross Warren BergethonGeorgia Department of Law, Respondent
Hemy Neuman
Michael Wayne TarletonThe Appellate Division - Georgia Public Defender Standards Council, Petitioner
Michael Wayne TarletonThe Appellate Division - Georgia Public Defender Standards Council, Petitioner