By Rolando V. del Carmen
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Extra info for Criminal Procedure: Law and Practice (Seventh Edition)
If no appeal is made, the conflict remains. For example, a federal district court in the Southern District of Ohio may rule that jail detainees are entitled to contact visits, whereas another federal district court in the Northern District of that state, on a different case, may rule otherwise. However, this inconsistency will be resolved only if the federal appellate court for Ohio decides the issue in an appealed case. Despite the territorial or geographic limitations of court decisions, there are important reasons why decisions from other jurisdictions should not be ignored.
Defendants can also be tried in two different states for essentially the same crime, if the crime or an element thereof was committed in those states. –Virginia areas in October 2002, provide another example. Accused of shooting nineteen people and killing thirteen, they were tried and punished in federal court as well as in state courts in places where the shootings and other crimes took place. Whether the state can and will try a defendant again depends on state law and the discretion of the prosecutor.
The other defendant, Terry Nichols, was also convicted in federal court and given life imprisonment with no hope of parole. He was later tried in an Oklahoma state court, convicted of 161 state murder charges, and sentenced to life times 161. This did not constitute double jeopardy because of the concept of dual sovereignty. Defendants can also be tried in two different states for essentially the same crime, if the crime or an element thereof was committed in those states. –Virginia areas in October 2002, provide another example.