How is this NOT double jeopardy?

[Th1onein]

Ex-death row inmate's DNA not found on evidence

Associated Press Writer Rose French – DNA from key evidence in a Tennessee woman's slaying does not match the man who spent more than two decades on death row for killing her, according to new FBI lab tests.

Paul House, 47, who uses a wheelchair because he developed multiple sclerosis in prison, was convicted of killing Carolyn Muncey nearly 23 years ago. But the case against him has been in doubt for years because of DNA testing, which wasn't available then.

House was released last year after the U.S. Supreme Court concluded no reasonable juror would have found him guilty based on DNA tests of semen stains on Muncey's clothing. Authorities had claimed he lured Muncey from her dilapidated cabin, beat her, killed her and then dumped her body in a culvert. There were no witnesses.

<Snip>

Still, prosecutor Paul Phillips wants to retry House.

House is to be tried again June 1, nearly three years after the Supreme Court opinion citing doubt about his guilt. The state is no longer seeking the death penalty.

http://news.yahoo.com/s/ap/20090220/ap_on_re_us/legal_limbo

[Political Tiger]

1. It would only be double jeopardy

if he was originally found not guilty.

[Th1onein]

6. Right, but what about the spirit of the law?

This is the kind of shit that the founders were trying to guard against--the state coming after someone over and over again, with a case that they could not win. Same facts, same behavior, same result.

[Redbear]

2. The appellate court only granted him a right to a new trial.

He is only free now because an anonymous donor posted bond for him.

The court could have declared an acquittal and one of the judges on the panel argued that they should have done that.

[depakid]

3. Simple answer- because it's the south.

A region known more for demanding pounds of flesh than for adherence to propriety or prosecutorial discretion.

The legal answer is that jeopardy doesn't attach because there hasn't been an acquittal. The Supreme Court simply said on appeal that on the evidence presented, no reasonable jury could convict.

Tennessee is now looking for more convincing evidence.

[Fire_Medic_Dave]

4. Apparently they dismissed the case without prejudice, leaving the State the option to retry the case

Seems like a really stupid move. Unless there is a ton of evidence that he committed the murder after someone else raped her, then the prosecutor is a complete moron. I hope House sues for malicious prosecution, it would seem that the Supreme Court opinion would further that case. Another good thing from this Court who would have thought.

David

[Warpy]

5. An acquittal would clear his name completely

which is the only reason I can come up with for revisiting this case.

Either that or Phillips is up for re election or has some other axe to grind at taxpayer expense.