Skip to content
Back to judgment

Citation network

Colten Vs. Kentucky

Cites for this judgment

  • US Supreme Court
  • Jun 12, 1972

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

66 entries 7 linked 59 unlinked
Show
  1. United States Vs. Harriss US Supreme Court · Jun 07, 1954
  2. North Carolina Vs. Pearce US Supreme Court · Jun 23, 1969
  3. Douglas Vs. California US Supreme Court · Mar 18, 1963
  4. Lane Vs. Brown US Supreme Court · Mar 18, 1963
  5. Draper Vs. Washington US Supreme Court · Mar 18, 1963
  6. Terminiello Vs. Chicago US Supreme Court · May 16, 1949
  7. Rinaldi Vs. Yeager US Supreme Court · May 31, 1966
  8. U.S. 104 (1972) U.S. Supreme Court Colten v. Kentucky
    Search
  9. U.S. 104 (1972) Colten v. Kentucky
    Search
  10. and Fourteenth Amendments, and that the greater punishment contravened the due process requirements of North Carolina v. Pearce
    Search
  11. and has no motive to deal more strictly with a de novo defendant than it would with any other. North Carolina v. Pearce
    Search
  12. The Double Jeopardy Clause does not prohibit an enhanced sentence on reconviction. North Carolina v. Pearce
    Search
  13. The Kentucky Court of Appeals affirmed. Colten v. Commonwealth
    Search
  14. challenges to the statute and his claim that the punishment imposed was impermissible, under North Carolina v. Pearce
    Search
  15. Connally v. General
    Search
  16. Colten v. Commonwealth
    Search
  17. S.W.2d at 378. Colten also argues that the Kentucky statute is overbroad. He relies on Cox v. Louisiana
    Search
  18. on a guilty plea, however, he has a right to a trial de novo in a court of general criminal jurisdiction, Brown v. Hoblitzell
    Search
  19. provided in more serious criminal cases. Although appellant here was entitled to a six-man jury, cf. Williams v. Florida
    Search
  20. even in instances where the authorized punishment would entitle the accused to such tribunal. Cf. Duncan v. Louisiana
    Search
  21. imposed by the inferior court. He bases his attack both on the Due Process Clause, as interpreted in North Carolina v. Pearce
    Search
  22. as such, is unconstitutional, or that it presents hazards warranting the restraints called for in North Carolina v. Pearce
    Search
  23. This version of the facts is taken largely from the opinion of the Kentucky Court of Appeals, Colten v. Commonwealth
    Search
  24. of the record indicates that the Kentucky courts' resolution of this factual dispute was a fair one. Cf. Cox v. Louisiana
    Search
  25. E.g., Massachusetts, North Carolina, Pennsylvania. Mann v. Commonwealth
    Search
  26. State v. Spencer
    Search
  27. E.g., North Carolina, Virginia. State v. Sparrow
    Search
  28. Evans v. City
    Search
  29. People v. Olary
    Search
  30. State v. DeBonis
    Search
  31. Bronstein v. Superior
    Search
  32. State v. Shak
    Search
  33. Eldridge v. State
    Search
  34. Cherry v. State
    Search
  35. Commonwealth v. Harper
    Search
  36. Mann v. Commonwealth
    Search
  37. People v. Olary
    Search
  38. State v. Stanosheck
    Search
  39. State v. Sparrow
    Search
  40. Rice v. North
    Search
  41. Lemieux v.Robbins, 414 F.2d 353 (CA1 1969), cert. denied, 397 U.S. 1017 (1970). See also Manns v. Allman
    Search
  42. it can be disruptive. As we said in Terminiello v. Chicago
    Search
  43. the access road. See 467 S.W.2d 374, 376. MR. JUSTICE MARSHALL, dissenting. In my view, North Carolina v. Pearce
    Search
  44. penalizing those who choose to exercise' constitutional rights, 'would be patently unconstitutional.' United States v. Jackson
    Search
  45. serve to 'chill the exercise of basic constitutional rights.' Id. at 390 U. S. 582 . See also Griffin v. California
    Search
  46. Johnson v. Avery
    Search
  47. enhanced punishment, based upon such a reason, would be a flagrant violation of the rights of the defendant.' Nichols v. United
    Search
  48. Worcester v. Commissioner
    Search
  49. F.2d 713, 718. See Short v. United
    Search
  50. avenues must be kept free of unreasoned distinctions that can only impede open and equal access to the courts. Griffin v. Illinois
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial