If prosecutors are unsuccessful in the appeal, they have said they intend to retry Mr. Lopez.
The judge considered tossing out the charges altogether, but he eventually decided the government could retry Mr. Clemens.
Whether to retry an ageing and celebrated prisoner may seem a tough decision.
Their software and hardware architecture may take advantage of patterns like redundant services, failover services, or retry attempts after failures.
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Starr decided not to retry either woman, and said Wednesday that those setbacks contributed to this decision to settle the Hubbell matter.
However, it will only be possible to retry an acquitted person once.
It was only last week that the Justice Department announced it would not retry John Edwards, the former Democratic presidential candidate and vice-presidential nominee.
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Lawyers for an SAS sniper are to challenge whether it is in the public interest to retry him for illegally possessing a pistol and ammunition.
The legal maneuvering that allowed Echols, Misskelley and Baldwin to maintain their innocence while acknowledging that prosecutors had enough evidence to retry them is not perfect.
Once this is done, a district court must order Milke's release unless prosecutors tell the court within 30 days that they plan to retry her soon.
But although the hung jury lets Merck off the hook for now, it falls short of a clear win and could allow plaintiffs to retry the case.
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