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  1. John Dalmer BENTON, petitioner, v. MARYLAND.

    of Maryland granted limited to the following questions: (1) Is the double jeopardy clause of the ... 'twice put in jeopardy' in this case? Case transferred to the appellate docket and placed on the ...

  2. Joseph Patrick PAYNE, Sr., petitioner, v. VIRGINIA.

    Double Jeopardy Clause bars prosecution for the lesser crime after conviction of the greater one." ... certiorari seeks review of a judgment of the Supreme Court of Virginia rejecting petitioner's double ... jeopardy challenge to a conviction for robbery which followed a prior conviction for capital murder ...

  3. JANETTE PRICE, WARDEN, PETITIONER v. DUYONN ANDRE VINCENT.

    prosecution on first-degree murder would violate the Double Jeopardy Clause. The judge responded that he had ... on that charge. The Michigan Court of Appeals reversed, concluding that the Double Jeopardy Clause ... continued prosecution for first-degree murder had violated the Double Jeopardy Clause. The Sixth Circuit ...

  4. William Isaac MILLER v. State of OREGON.

    convicted of the ordinance violation. He thereupon entered a plea of double jeopardy to the felony ... grant the petition for certiorari and reverse. In my view the Double Jeopardy Clause applicable to the ... trial court properly sustained petitioner's double jeopardy plea. CC∅ | Transformed by ...

  5. UNITED STATES v. John David KOPP.

    Government's appeal barred by double jeopardy. In United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, 43 ... L.Ed.2d 232 (1975), we held that double jeopardy would not bar a Government appeal if success on that ... after a return of a verdict of guilty by a jury, is immaterial. Morrison, supra. Double jeopardy ...

  6. MARTINEZ v. ILLINOIS

    a continuance. The question is whether the Double Jeopardy Clause bars the State’s attempt to appeal in the hope ... “contrary to well-established principles regarding double jeopardy.” Id., ¶57, 990 N. E. 2d, at 227. ... Double Jeopardy Clause bars his retrial? Our precedents clearly dictate an affirmative answer to each ...

  7. Kenneth Eugene DIVANS, v. State of CALIFORNIA. No. A-91.

    into one which could form the basis of a claim of double jeopardy, it must be shown not only that there ... to review the applicant's double jeopardy claim. CC∅ | Transformed by Public.Resource.Org ... prosecution or by the court for the purpose of forcing the defendant to move for a mistrial. "The Double ...

  8. Crist v. Bretz

    Amendment guarantee against double jeopardy made applicable to the States by the Fourteenth Amendment. ... to dismiss the new information, claiming that the Double Jeopardy Clauses of the United States and ... violated the Fifth and Fourteenth Amendment guarantee against double jeopardy. The federal court denied the ...

  9. Earl PRICE, Petitioner, v. State of GEORGIA.

    murder would expose him to double jeopardy in view of the verdict of voluntary manslaughter at the ... petitioner's argument, among others, that his retrial for murder constituted double jeopardy. Price v. State, ... Court. In the Ball case, for example, the Court expressly rejected the view that the double jeopardy ...

  10. Hubert Richard SPRADLING, petitioner, v. TEXAS and Ronald Dale DUNN, petitioner, v. TEXAS

    double jeopardy claim were improperly rejected by the trial court. In my view both questions are ... the ground of double jeopardy. It is clear that in most applications the Texas procedural rule barring ... a double jeopardy claim is by its very nature collateral to, and separable from, the guilt of the accused, ...

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