United States Second Circuit

In a case against in which defendant-state correctional officer for bodily injury sustained by a pre-trial detainee, judgment of acquittal and grant of new trial is reversed where: 1) the district court erred in granting defendant a judgment of acquittal, as the evidence was sufficient to support the jury's verdict of guilt; 2) the district court abused its discretion in conditionally granting defendant a new trial; and 3) defendant's contentions on cross-appeal were without merit, because the record evinced that defendant waived any statute of limitations challenge, and the doctrine of dual sovereignty foreclosed his double jeopardy claim.

Appellate Information

• Decided 09/24/2008
• Published 09/24/2008

Judges

Court

• United States Second Circuit

Counsel