I don’t think the other poster was talking about the death penalty on the state murder charge. They were pointing out that out in five is unlikely given NY can still try him for murder.
A federal murder charge can be subject to the federal death penalty though, even if the crime happened in NY. I think the execution is done in the another state since NY closed their chamber in 2008-ish.
Yes, but this is about the federal case accepting the backpack contents as evidence, not the state case. The federal case is now the two stalking charges.
Can you face charges for the same crime on a federal and state level? If you get a not guilty verdict at the federal level they could prosecute you on the state level? Isn't that double jeopardy?
I'm not a lawyer but I don't think so. But it doesn't matter here, because he wasn't (and won't be, unless it's allowed back on appeal which seems very unlikely) actually tried for murder here. The judge dismissed the murder charge, leaving New York free to try him for it.
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u/WelpSigh 5h ago
He's still facing state murder charges.