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Procedure after Reverse and Remand

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kblow

Registered User
What is the name of your state? Washington
Could someone describe the procedure that takes place following say... the 9th circuit reversing and remanding a guilty verdict?
[...the decision to reverse and remand was based upon an ineffective assistance of councel claim in a Habeas petition.]

More specifically, once a case is sent back for a "new trial",
1.) is the defendant re-charged?,
2.) re-arraigned?,
3.) is there a new determination of probable cause eval., etc

Could someone explain to me how all this works, and/or direct me to where I could read about this procedure?
Thank You
K.Blow
 


abezon

Senior Member
All you get is a new trial. Your new attorney can raise any pre-trial motions s/he likes, but a PC challenge will fail, given that there was enough evidence for a jury to convict in the first trial.
 

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