This question is based on an article I read this morning.
I didn’t know prosecutors could appeal a sentence once it had been handed down. Ignoring emotional reactions to this man’s particular crime, wouldn’t this kind of appeal be placing the man in double jeopardy?
I think they are asking the Supreme Court to overturn the sentencing, not the conviction. That’s not double jeopardy, that’s a procedural issue.
Prosecutors can’t appeal an acquittal. They can appeal certain judges’ decisions, depending on the law of the state.
The sentence must be legal. An illegal sentence is void; the judge had no authority to impose it.
Even a legal sentence may generally be appealed if the appellant can show it was an abuse of discretion.
Here is a column I did several years ago that discusses Double Jeopardy in some detail.