According to this Texas Tribune article, in Texas v. Young, Clinton Young was found guilty of murder and sentenced to death. Fifteen years later, a Texas court of appeals has thrown out his conviction and remanded him to a county jail, where he will wait while the state decides whether or not to retry him.

My question is how can they retry him? Wouldn't that be violating double jeopardy?

1 Answer 1


If you are convicted you can be retried (indeed, on appeal, you asked for a retrial). Double jeopardy prevents retrials in cases of acquittals and some mistrials, not convictions.

  • 1
    To put it another way, in this situation, Young is requesting a second trial, thus waving his right to Double Jeopardy in this matter. Just as you can waive your right to remain silent, right to trial by jury, right to an attorney, ect You can also waive your right against double jeopardy.
    – hszmv
    Dec 7, 2021 at 13:59

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