[UPDATED] Blog post on government notice of appeal following not guilty only by reason of lack of mental responsibility verdict
Here’s an interesting PJ Tatler post by Clarice Feldman reporting on an Air Force case in which the government filed a notice of appeal after the accused was found not guilty only by reason of lack of mental responsibility. Article 62 provides that “the United States may not appeal an order or ruling that is, or amounts to, a finding of not guilty with respect to the charge or specification” and Supreme Court case law indicates that the Double Jeopardy Clause would prevent retrying a defendant who was acquitted due to insanity. See, e.g., Burks v. United States, 437 U.S. 1 (1978); United States v. Scott, 437 U.S. 82, 97 (1978); see generally Kruelski v. Conn. Super. Ct. for Jud. Dist. of Danbury, 316 F.3d 103. 108-10 (2d Cir. 2003).
UPDATE sponsored by No Man: Here is a link to the government’s “no fanfare” notice of appeal in the case.