Judge can consider belief of D s perjury. D can t get a harsher sentence after successful appeal. There can be no automatic category for imposition of death penalty. D must be sane to be executed. No right to counsel.
State can appeal grant of writ, or retry p for same offense.
No retrial for same offense once jeopardy has attached. Attaches when jury is sworn, or first witness sworn. Bars retrial for lesser included or greater offenses, except battery trial where V dies, D can be tried for murder. Anytime questioned under oath. Privilege must be claimed in civil case, else waiver in subsequent criminal case.