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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: A is charged in the Regional Trial Court (RTC) with robbery by information I1. After arraignment, the court dismisses I1 for insufficiency of evidence, but the dismissal is with the express consent of A. The People then file information I2 in the same RTC charging A with homicide for the same incident. A moves to quash I2 on the ground of double jeopardy. (a)Identify the controlling doctrine and the controlling rule. (b)Distinguish double jeopardy from related doctrines (e.g., res judicata, former conviction, lesser-included offenses) and explain why they are or are not controlling in this scenario. (c)Apply the doctrine to the facts: should the second information be quashed? Why or why not?

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Quashed on double jeopardy grounds; a second prosecution for any offense arising from the same incident is barred regardless of dismissal with consent, so I2 should be quashed. Not quashed; Double jeopardy does not apply because the first information I1 was dismissed with the accused's express consent, and I2 charges a different offense (homicide) arising from the same incident, so there is no same-offense or included-offense bar. Not quashed; because the first case ended with consent to dismissal, the People may refile for a different offense arising from the same facts, so I2 may proceed. Not quashed; the motion to quash is inappropriate here because the second information involves a different offense and double jeopardy does not bar such prosecution when the first case was dismissed with consent.

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