MullIn Vs. Wyoming

Mullin vs Wyoming

Type Court Judgment Court US Supreme Court Decided 1973

~2 min read

https://sooperkanoon.com/case/103408

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Citation: sooperkanoon.com/103408
Court: US Supreme Court
Decided On: 1973
Case Number: 414 U.S. 940
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Mullin

Respondent

Wyoming

Excerpt

.....and convicted in the district court of platte county with feloniously counselling and encouraging anderson to commit grand larceny. the supreme court of wyoming affirmed, rejecting petitioner's claim that the second prosecution violated his constitutional protection against double jeopardy, mullin v. state, wyo., 505 p.2d 305 ( 1973). although both the misdemeanor and felony charges arose out of the 'same transaction or occurrence,' they were prosecuted by the state in separate proceedings. that, in my opinion, requires that we grant the petition for certiorari and reverse, for i adhere to the view that the double jeopardy clause of the fifth amendment, which is applicable to the states through the fourteenth amendment, benton v. maryland, 395 u.s. 784 (1969), requires the prosecution, except in most limited circumstances not present here, 'to join at one trial all the charges against a defendant that grow out of a single criminal act, occurrence, episode or transaction.' ashe v. swenson, 397 u.s. 436 , 453- 454 (1970) (concurring opinion); see miller v. oregon, 405 u.s. 1047 (1972) (dissenting opinion); harris v. washington, 404 u.s. 55, 57 (1971) (concurring opinion); waller v. florida, 397 u.s. 387, 395 (1970) (concurring opinion).

Full Judgment

MULLIN v. WYOMING - 414 U.S. 940 (1973)
U.S. Supreme Court MULLIN v. WYOMING , 414 U.S. 940 (1973)

414 U.S. 940

Mike MULLIN
v.
State of WYOMING.
No. 72-6906.

Supreme Court of the United States

October 15, 1973

On petition for writ of certiorari to the Supreme Court of Wyoming.

The petition for a writ of certiorari is denied.

Mr. Justice BRENNAN, with whom Mr. Justice DOUGLAS and Mr. Justice MARSHALL concur, dissenting.

Petitioner and three friends observed a case of whiskey being placed into a truck. A short time later petitioner encouraged Richard Anderson, who had not been present to see the case being put into the vehicle, to steal the spirits. Later in the day, Anderson removed the case from the truck and gave eight bottles to one of petitioner's friends, who in turn delivered three bottles to petitioner. Petitioner was arrested and convicted in the

Page 414 U.S. 940 , 941

Justice of the Peace Court for Platte County, Wyoming, of the misdemeanor offense of being a minor in possession of alcoholic beverages. A few months later petitioner was charged and convicted in the District Court of Platte County with feloniously counselling and encouraging Anderson to commit grand larceny. The Supreme Court of Wyoming affirmed, rejecting petitioner's claim that the second prosecution violated his constitutional protection against double jeopardy, Mullin v. State, Wyo., 505 P.2d 305 ( 1973).

Although both the misdemeanor and felony charges arose out of the 'same transaction or occurrence,' they were prosecuted by the State in separate proceedings. That, in my opinion, requires that we grant the petition for certiorari and reverse, for I adhere to the view that the Double Jeopardy Clause of the Fifth Amendment, which is applicable to the States through the Fourteenth Amendment, Benton v. Maryland, 395 U.S. 784 (1969), requires the prosecution, except in most limited circumstances not present here, 'to join at one trial all the charges against a defendant that grow out of a single criminal act, occurrence, episode or transaction.' Ashe v. Swenson, 397 U.S. 436 , 453- 454 (1970) (concurring opinion); see Miller v. Oregon, 405 U.S. 1047 (1972) (dissenting opinion); Harris v. Washington, 404 U.S. 55, 57 (1971) (concurring opinion); Waller v. Florida, 397 U.S. 387, 395 (1970) (concurring opinion).

Same Court & Year US Supreme Court · 1973 Same Parties Mullin vs Wyoming Same Subject Service Tax