When a case is reversed and remanded do the trial judge have to retry the case or does he have the final power to discharge?

Asked over 1 year ago - Cleveland, OH

Appeals Court reversed and remanded the case; the State filed a appeal with the Ohio Supreme Court and court denies leave to appeal. The case is back on the trial judges docket. There is a motion to discharge pending. There is a double jeopardy issue at hand; the original charge was a result of not guilty verdict. The convicted charge was overturned by the appeals court and was not a part of the grand jury...

Attorney answers (2)

  1. Christopher Lee Beck


    Contributor Level 18


    Lawyers agree

    Answered . There is no way to answer this question correctly without reviewing the trial case and appeals decision You should contact the attorney that handled the appeal. Good luck.


    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  2. Joshua Sachs

    Contributor Level 19


    Lawyers agree

    Answered . That is going to depend on exactly what the appellate court ordered. One would have to be familiar with the case and to review the decision and the mandate in order to answer that question. There are some very confusing aspects to your question, which make it even harder to answer. You should be asking the attorney who has been representing you on this case.

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