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us-gu · Through P.L. 38-133 (June 4, 2026)

9 GCA § 1.30: Former Prosecutions. When Not a Bar to Present Prosecution.

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Where this section sits in the code
  1. Title 9: Crimes and Corrections
  2. Chapter 1: Preliminary Provisions; Definitions
  3. ARTICLE 1: PRELIMINARY PROVISIONS; CONSTRUCTION

A prosecution is not a bar within the meaning of §§ 1.24, 1.26 and 1.28 under either of the following circumstances:

(a) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense tried in that court; or

(b) The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by Subsection (a) of § 1.24 shall apply.

(c) The former prosecution resulted in a plea of guilty or nolo contendere which was held invalid in an appeal under 8 GCA § 130.15(e) and the defendant may be retried as if the former plea had not been entered.

Collected 2026-09-27T02:44:48Z. Source file · JSON

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