Recent Supreme Court Decisions on Double Jeopardy

Wiley Secures Supreme Court Victory in Double Jeopardy Case

In a unanimous decision, the U.S. Supreme Court rejected an attempt by the State of Georgia to prosecute Damian McElrath, a Wiley client, ...

Cases - Double jeopardy - Oyez

McElrath v. Georgia ... A case in which the Court held that the Double Jeopardy Clause of the Fifth Amendment prohibits a second prosecution for a crime of which ...

22-721 McElrath v. Georgia (02/21/2024) - Supreme Court

But whether an acquittal has occurred for double jeopardy purposes is a question of federal law, and a State's characterization of a ruling is ...

Double jeopardy claim after inconsistent acquittal comes before the ...

Tuesday's argument in McElrath v. Georgia will take the justices back to law-school basics – the case could be a question on a law-school ...

Supreme Court clarifies retroactivity of double jeopardy rulings

The Florida Supreme Court has determined that its 2018 decision, Lee v. State, does not extend double jeopardy protections retroactively in ...

Intro.9.2.10 McElrath v. Georgia: Does the Double Jeopardy Clause ...

For more on the Court's decision in McElrath and the Fifth Amendment's Double Jeopardy Clause, see ...

Double jeopardy clause bars Georgia from retrying man acquitted by ...

The Supreme Court of Georgia pointed out that the verdicts were directly contradictory – under Georgia law, “repugnant.” Specifically, there ...

Supreme Court Rules for Georgia Man on Double Jeopardy Claim (1)

In a unanimous decision on Wednesday, the court said the Fifth Amendment's Double Jeopardy Clause prevents the state from retrying Damian ...

McElrath v. Georgia | American Civil Liberties Union

The Supreme Court has stated that the “most fundamental rule in the history of double jeopardy jurisprudence” is that acquittals are in-violate, ...

21-1576 Smith v. United States (06/15/2023) - Supreme Court

Jackalow,. 1 Black 484, and this decision did not break new ground. ... permitted under the Double Jeopardy Clause. Evans v. Michigan, 568.

Supreme Court Agrees to Hear Wiley Pro Bono Case Involving ...

Subjecting a defendant to a second trial for a crime of which he was acquitted would put him in jeopardy again, violating the Constitution.

double jeopardy | Wex | US Law | LII / Legal Information Institute

Jones, 421 U.S. 519 (1975), the Supreme Court found that double jeopardy applies to an individual who is tried as a juvenile and is then later tried as an adult ...

Fifth Amendment - Protection Against Double Jeopardy

In Benton v. Maryland , the U.S. Supreme Court says the double jeopardy clause “represents a fundamental ideal of our constitutional heritage.” As such, the ...

Double Jeopardy Clause - Wikipedia

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be ...

Double Jeopardy Clause of the Fifth Amendment

The clause provides that no person can be convicted twice of the same offense. Its basic concept is found in English common law, although some scholars suggest ...

Double Jeopardy, Dual Sovereignty, and Enforcement of Tribal Laws

June 16, 2022. On June 13, 2022, the U.S. Supreme Court in a 6-3 decision upheld the federal prosecution of a man who had already been convicted of, ...

20-7622 Denezpi v. United States (06/13/2022) - Supreme Court

Yet according to the Court, the. Double Jeopardy Clause has nothing to say about this case. How can that be? To justify its conclusion, the ...

FIRST PRINCIPLES: Constitutional Matters: Double Jeopardy

Coleman, 79 M.J. 100 (the Fifth Amendment's Double Jeopardy Clause precludes a court, contrary to the intent of Congress, from imposing multiple convictions and ...

Supreme Court declines to change double jeopardy rule in a case ...

The Supreme Court declined Monday to change the longstanding rule that says putting someone on trial more than once for the same crime does ...

Double Jeopardy Under the Fifth Amendment - FindLaw

Although some early cases establishing this doctrine cited the now-overruled principle that the double jeopardy clause did not apply to the states,27 the Court ...