Overturned Conviction Next Steps

Summary

If a conviction is overturned and the prosecution misses the deadline to retry, they may need a new indictment. Compliance with speedy trial rules and federal orders is essential. Consult a local attorney for specific procedural guidance.

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Bruce Reese was convicted of two counts of second degree murder in Philadelphia Pennsylvania and have served over 40 years of a life sentence before his conviction was overturned and completely vacated by a federal court upon granting of a havens petition file by Reese. The federal court, once overturning Reese conviction, remanded said case back to the State court with Federal orders to either retry Reese or release him within *. The prosecution failed to comply and the deadline passed. My question is…once the deadline passes and the prosecution fails to retry Reese, does the prosecution have to re-indict Reese or does the original indictment suffice. Note: the deadline passed and therefore, the conviction was officially bacated
Hello ****, thank you for the detailed query. Generally, when a conviction is overturned:
- The original indictment may still stand, if not specifically dismissed.
- A new indictment may be issued, depending on circumstances.
However, legal conditions might vary in Pennsylvania, so it's advised to consult with a local attorney for detailed guidance.
But if the deadline passes athe case is over and if they want to retry him from that point, what has to be done procedurally
If the prosecution wishes to retry Reese after the deadline has passed:
- They may need to seek a new indictment.
- They must adhere to speedy trial rules and time limits in Pennsylvania.
- They should ensure compliance with any federal court order.
Please consult with a local attorney for procedural details.