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United States Vs. Ewell
Cites for this judgment
- US Supreme Court
- Feb 23, 1966
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U.S. 116 (1966) U.S. Supreme Court United States v. EwellSearch
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U.S. 116 (1966) United States v. EwellSearch
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obtains a reversal of a prior, unsatisfied conviction, he may be retried in the normal course of events. United States v. BallSearch
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ed.). Lauer v. UnitedSearch
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Pollard v. UnitedSearch
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Smith v. UnitedSearch
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Page 383 U. S. 121 motions were granted in 1964. Moreover, it was the decision in Lauer v. UnitedSearch
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courts will be vigilant to strike down previous convictions that are tainted with reversible error. United States v. TateoSearch
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face of an acquittal or an unreversed conviction for another offense arising out of the same transaction. See Abbate v. UnitedSearch
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the Government's joining in one indictment more than one count allegedly charging the same crime. Compare Blockburger v. UnitedSearch
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That circuit has since overruled its Lauer decision. Collins v. MarkleySearch
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for a new trial, there was no suggestion that his right to a speedy trial was being denied him. See also Bayless v. UnitedSearch
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This situation is to be distinguished from Green v. UnitedSearch
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situation should also be distinguished from that presented in Ciucci v, Illinois, 356 U. S. 571 , and Hoag v. NewSearch
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most oppressive. Appellees were indicted initially under only one of the three statutes which this Court held in Gore v. UnitedSearch
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the prosecution seemed imperiled. Government tactics of this kind raise very serious questions for me. Cf. Green v. UnitedSearch
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Abbate v. UnitedSearch
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upon Dennis and from 25 to 100 years upon Ewell. Cumulative sentences are permitted by this Court's holding in Gore v. UnitedSearch
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criticized the Government's attempt to penalize a successful appellant by retrying him on an aggravated basis. Green v. UnitedSearch
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of the lesser offense of murder in the second degree. Cf. MR. JUSTICE BRENNAN's separate opinion in Abbate v. UnitedSearch
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Note, 77 Harv.L.Rev. at 1287. See Fay v. NoiaSearch
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Cf. State v. WolfSearch
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People v. HendersonSearch
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On the authority of Lauer v. UnitedSearch
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then subjected to reprosecution under multiple-count indictments. Subsequently, Lauer was overruled by Collins v. MarkleySearch
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U.S. Supreme Court United States v. EwellSearch
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Lauer v. UnitedSearch
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See Abbate v. UnitedSearch
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Compare Blockburger v. UnitedSearch
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Collins v. MarkleySearch
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Bayless v. UnitedSearch
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Green v. UnitedSearch
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and Hoag v. NewSearch
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Gore v. UnitedSearch
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Cf. Green v. UnitedSearch
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See Fay v. NoiaSearch
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of Lauer v. UnitedSearch
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Smith v. BennettSearch
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