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If the Supreme Court reverses a conviction and orders a new trial in a criminal case and the defendant is in prison, is the defendant immediately released?

April 26, 2017Case conviction Court criminal defendant orders reverses Supreme trial

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If the Supreme Court reverses a conviction and orders a new trial in a criminal case and the defendant is in prison, is the defendant immediately released?

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Typically, the defendant will remain in prison, or be transferred to the local jail,until the local county prosecutor who tried the case makes a decision about whether to retry the defendant.