Only prosecutorial misconduct that is so egregious that it impairs the very "integrity of the judicial process" should bar reprosecution on double-jeopardy grounds, a New York appeals panel has held. The opinion clears the way for prosecutors to retry a man whom they believed raped a 21-year-old woman he had been abusing since she was 8. In the first trial, the district attorney repeatedly overstepped the boundaries set by the court, according to the ruling that overturned the defendant's conviction.
January 10, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Only prosecutorial misconduct that is so egregious that it impairs the very “integrity of the judicial process” should bar reprosecution on double-jeopardy grounds, a unanimous New York appeals panel has held.
Last week’s opinion by Justice Carl J. Mugglin in Gorghan v. DeAngelis, 98874, clears the way for Rensselaer County, N.Y., prosecutors to retry a man whom they believe raped in the late 1990s a 21-year-old woman he had been abusing since she was 8.
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