Hi  Yes that old conversation seemed to disappear   Medeis removed it citing a policy about threats of harm as you indicated  I reviewed it after this deletion  The OP said something like Geez if I had to do life in prison Id rather die  or Id rather kill myself or some such  Medeis took that as a suicide threat  And did the threat of harm removal  The policy cited states something like take all threats seriously dont assume that the threat is a joke  I did not think it applied to that particular thread  But in picking and choosing my battles this is not one of them  Anyone  including me  might say Id rather die than serve life in prison  In fact most people would say that  And I dont think that constitutes a threat of suicide  Particularly  by the way  given the fact that I or the OP did not in fact receive a life sentence  A silly deletion  Back to double jeopardy  We seem to disagree  And I do not have the wherewithal to engage in legal research at the moment  Yes it is my understanding that when a new trial is ordered everyone starts from scratch from square one  I am sure we both recognize that many things can happen in an appeal  They are rarely cutanddry they are rarely blackandwhite  But in the cutanddry case of new trial is ordered it is my belief that the prosecution starts with a clean slate and that nothing is off limits  I say this as a general rule  Perhaps the death sentence has some extra special rules associated with it  But even that I am suspect of  In your case where the defendant is actually acquitted on one charge of course no retrial can occur on that charge  But again it depends on the appeal  I am quite certain that the defense did not appeal the acquittal  I am sure he appealed the rest of the trial which did not favor his client  So in other words the charge acquitted assault and battery in your example is not even under consideration in the appeal  An appeal usually has several points being appealed not just one  And the justices review each point one by one  So in your hypothetical case the defense would not be complaining about ie appealing an acquittal that went in their favor  They would be appealing the other things that transpired in the trial  So the final order of the justices might read a new trial is ordered with respect to the robbery charge or some such    Now do you have a case to cite that supports your contention   Thanks