It held that the constitutional guarantee of the right to counsel "in all criminal prosecutions" did not apply because Mr. Hamdi was not being prosecuted.
Although the statute does not apply to murder prosecutions, it would have precluded other charges, including kidnapping and sexual assault, that were announced yesterday.
The U.S. Constitutional right to a grand jury indictment in a felony case, included in the Fifth Amendment, has not been incorporated as to the states and thus does not apply to state prosecutions.
Under the Supreme Court's precedents, which the Oklahoma Court of Criminal Appeals invoked in rejecting his challenge, the double jeopardy prohibition does not apply to consecutive prosecutions by the federal government and a state government, which are regarded as "separate sovereigns".
In the case now before us, the Supreme Court of Nevada stated that McLaughlin does not apply to a prosecution commenced prior to the rendition of that decision.
In 1979 the army pushed an amnesty law through Brazil's Congress, which they controlled, to shield themselves from future prosecutions, but Brazil's minister for justice, Tarso Genro, has argued that this does not apply to crimes of torture.
Mr. Graham also acknowledged that ultimately Mr. Tsarnaev must be transferred back to the civilian criminal justice system for prosecution, because the statute authorizing military commissions — which he helped write — does not apply to United States citizens.
1901, p. 727, to any 'suit or prosecution for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States,' does not apply.
But the official-misconduct law does not apply if the officers sought no benefit beyond not doing their jobs, the defense argues, even though the prosecution suggested so to the jury.
