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Price Vs. Georgia
Cites for this judgment
- US Supreme Court
- Jun 15, 1970
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U.S. 323 (1970) U.S. Supreme Court Price v. GeorgiaSearch
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U.S. 323 (1970) Price v. GeorgiaSearch
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imprisonment. The Georgia Court of Appeals affirmed the second conviction, rejecting, on the authority of Brantley v. StateSearch
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Though under the continuing jeopardy principle ( see Green v. UnitedSearch
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of Appeals of Georgia reversed the conviction because of an erroneous jury instruction, and ordered a new trial. Price v. StateSearch
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Price v. StateSearch
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rejecting petitioner's argument, among others, that his retrial for murder constituted double jeopardy. Price v. StateSearch
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Ga.App. 207, 163 S.E.2d 243 (1968). The Court of Appeals held that, in Brantley v. StateSearch
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sought a rehearing, contending, as he contends here, that Brantley was no longer controlling. He relied on Green v. UnitedSearch
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States, 355 U. S. 184 (1957), and Page 398 U. S. 326 United States ex rel. Hetenyi v. WilkinsSearch
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sought review in this Court. We granted the writ, 395 U.S. 975 (1969), and now reverse. (1) In United States v. BallSearch
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jeopardy that has application where criminal proceedings against an accused have not run their full course. See Green v. UnitedSearch
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s explication in prior decisions of this Court. An early case to deal with restrictions on retrials was Kepner v. UnitedSearch
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Similar double jeopardy issues did not fully claim the Court's attention until the Court heard argument in Green v. UnitedSearch
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to return a verdict on the greater charge. There is no relevant factual distinction between this case and Green v. UnitedSearch
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The Georgia courts nonetheless rejected Green as a persuasive authority in favor of reliance on Brantley v. StateSearch
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conviction, Georgia submits that the second jeopardy was harmless error when judged by the criteria of Chapman v. CaliforniaSearch
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U. S. 18 (1967), and Harrington v. CaliforniaSearch
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offense of voluntary manslaughter rather than to continue to debate his innocence. See United States ex rel. Hetenyi v. PageSearch
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over the accused and the cause. 163 U.S. at 163 U. S. 669 -670. The Court relied partially on United States v. SangesSearch
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Kepner, the Court was faced with a factual situation somewhat akin to that presented by the instant case. In Trono v. UnitedSearch
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See People v. JacksonSearch
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In Palko v. ConnecticutSearch
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ruled that federal double jeopardy standards were not applicable to the States. Palko was overruled in Benton v. MarylandSearch
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well before Benton was decided. But Benton has fully retroactive application, see Waller v. FloridaSearch
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U.S. Supreme Court Price v. GeorgiaSearch
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of Brantley v. StateSearch
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Green v. UnitedSearch
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Brantley v. StateSearch
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Hetenyi v. WilkinsSearch
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In United States v. BallSearch
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See Green v. UnitedSearch
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Kepner v. UnitedSearch
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and Green v. UnitedSearch
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of Chapman v. CaliforniaSearch
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and Harrington v. CaliforniaSearch
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Hetenyi v. PageSearch
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In Trono v. UnitedSearch
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Benton v. MarylandSearch
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Waller v. FloridaSearch
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