Respondent Michael Lydon was arrested after breaking into an automobile in Boston. How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? 2211, 2217, 72 L.Ed.2d 652 (1982). See n. 5, supra. The Boston Municipal Court Department encompasses most of Suffolk County. 1013, 1022, n. 11, 43 L.Ed.2d 232 (1975).4 The opinion in Burks provided the fullest explanation for the Ball rule and also explained why that rule does not permit retrials after reversals based on insufficient evidence: "[Reversal] for trial error, as distinguished from evidentiary insufficiency, does not constitute a decision to the effect that the government has failed to prove its case.
Is it a denial of a defendant's right not to be placed in double jeopardy to require him to go through a jury trial, requested by him without waiving his rights, when the evidence at the bench trial was insufficient to warrant a conviction? If the prosecution succeeds in obtaining a conviction the second time, the defendant then has the usual appellate remedies. The answer to the second question is more difficult. Phone: 617-569-7550 x125 427 U.S., at 632, 96 S.Ct., at 2788. In Ludwig v. Massachusetts, 427 U.S. 618, 96 S.Ct.
Consequently, we reject the suggestion that Burks modified Ludwig, and we reaffirm our holding in the latter case.7. 411 U.S., at 353, 93 S.Ct., at 1575.2. Faced with a charge for which he believes the prosecution has constitutionally insufficient evidence, a defendant in Lydon's position can choose the ordinary one-tier system in the expectation that, if his sufficiency claim is sustained, he will never be required to undergo a second trial under Burks. Therefore, respondent's continued custody constitutes a deprivation of liberty without due process of law. This might be sufficient reason to bring such a claim within Hensley's rationale even when only the specific claim has been exhausted. Pp. 411 U.S., at 351, 93 S.Ct., at 1575. Strongly Agree. JUSTICES OF BOSTON MUNICIPAL COURT, Petitioners, v. Michael LYDON. "The U.S. District Court for the District of Massachusetts met here ... [1883- 1929]; the U.S. Accordingly, we reverse the judgment of the Court of Appeals. Do not include sensitive information, such as Social Security or bank account numbers. The Massachusetts statute under which respondent was released subjected him to restraints not shared by the public generally, including the obligations to appear in court for trial and not to depart without leave.
Pp. It is necessary to analyze the character of the substantive claim made by respondent before addressing the more difficult procedural questions. That Lydon may ultimately be acquitted at the trial de novo does not alter the fact that he has taken his claim that he should not be tried again as far as he can in the state courts. 2141, 2150, 57 L.Ed.2d 1 (1978). (d) The Massachusetts system does not constitute governmental oppression of the sort against which the Double Jeopardy Clause was intended to protect, even when a defendant convicted at the first tier claims insufficiency of the evidence. 734, 740, 29 L.Ed. (5 Mar, 1906) 5 Mar, 1906; Subsequent References; Similar Judgments; TEHAN v. MUNICIPAL COURT OF BOSTON. 1587, 1589, 12 L.Ed.2d 448 (1964). However, as the Court chooses a different tack, I address the merits as well and join Parts I, II-B, III, and IV of Justice WHITE's opinion. See Brief for Respondent 55. Moreover, the district judges in Massachusetts, as elsewhere, have enough burdens with which they must cope without the additional time pressure created by "interlocutory" habeas cases such as this one. We have refused to tolerate fundamentally unfair first-tier trials simply because a fair trial will be provided at the second-tier. The Court also hears civil cases and related matters such as domestic violence and restraining orders. Ante, at 303 (footnote omitted). The approach I have proposed is fully consistent with Ludwig v. Massachusetts, 427 U.S. 618, 96 S.Ct.
Once the right to a de novo trial is exercised, the judgment at the bench trial is "wiped out."
U.S. c. 218, § 54. The motion to dismiss was denied, and respondent then sought relief in the Massachusetts Supreme Judicial Court, which ultimately held that Burks was inapplicable because no appellate court had ruled that the evidence was insufficient at respondent's bench trial.
See infra, at 320. Furthermore, the strategic advantage gained by a defendant who chooses the two-tier system is enhanced by virtue of the fact that the prosecution does not share an equivalent advantage.
This location includes a Veterans' Treatment Court. Homans. A number of features of the Massachusetts system persuade us that it does not constitute "governmental oppression of the sort against which the Double Jeopardy Clause was intended to protect," United States v. Scott, 437 U.S. 82, 91, 98 S.Ct. Mass.gov® is a registered service mark of the Commonwealth of Massachusetts.
If this claim is sustained by the federal habeas court, as it was here, that judgment would provide the predicate for respondent's double jeopardy claim. See Rose v. Lundy, 455 U.S. 509, 518, 102 S.Ct.
I would hold that in order to assert his constitutional claims, respondent must first take advantage of the opportunity the State provides him for an acquittal in the second trial.
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