The defendant pursued his appeal according to the regular appellate process. The defendant first argues that reversing the decision of the Superior Court judge would place him in danger of double jeopardy. He argues that he has already been through a trial, which resulted in the judge's granting his required finding of not guilty. He states that remanding his case for trial would violate his right not to be placed in jeopardy twice for the same offense. It is a well-settled rule in this Commonwealth that, in a jury trial, jeopardy attaches when the jurors are sworn.
Federal law is no different.
Here, the defendant was placed in jeopardy. The defendant, set at bar, faced the risk and anxiety of trial by a jury of his peers. Jeopardy attached the moment that the jurors were empanelled and sworn. The Commonwealth alleges that the judge committed three errors, and that, in light of these errors, the subsequent proceedings were bereft of meaning and must be vacated. Given these errors, the Commonwealth reasons, the defendant was never placed in jeopardy, and therefore may not invoke double jeopardy protections.