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Burks Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 14, 1978
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Burks v. UnitedSearch
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States - 437 U.S. 1 (1978) U.S. Supreme Court Burks v. UnitedSearch
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States, 437 U.S. 1 (1978) Burks v. UnitedSearch
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even as the sole remedy, and he does not waive his right to a judgment of acquittal by moving for a new trial. Bryan v. UnitedSearch
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Sapir v. UnitedSearch
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Yates v. UnitedSearch
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and Forman v. UnitedSearch
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ibid., the court explicitly adopted the procedures utilized by the Fifth Circuit in United States v. BassSearch
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and Bryan v. UnitedSearch
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Brief any citation in this list with AI Studio
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by petitioner has not been embraced by our prior holdings. Indeed, as the Court of Appeals here recognized, Bryan v. UnitedSearch
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here the accused successfully seeks review of a conviction, there is no double jeopardy upon a new trial.' Francis v. ResweberSearch
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U. S. 459 , 329 U. S. 462 . See Trono v. UnitedSearch
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Five years after Bryan was decided, a similar claim of double jeopardy was presented to the Court in Sapir v. UnitedSearch
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The correct rule was stated in Kepner v. UnitedSearch
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come into play, for then the defendant opens the whole record for such disposition as might be just. See Bryan v. UnitedSearch
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U.S. at 348 U. S. 374 . (Emphasis added.) Page 437 U. S. 8 Shortly after Sapir, in Yates v. UnitedSearch
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particularly since petitioners have asked, in the alternative, for a new trial, as well as for acquittal. See Bryan v. UnitedSearch
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insufficiency, even when the defendant has moved only for a judgment of acquittal. Three years later, in Forman v. UnitedSearch
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time for an offense when his prior conviction for that same offense has been set aside by his appeal. United States v. BallSearch
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United States v. MartinSearch
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and, of course, petitioner could not be retried for the same offense. See Fong Foo v. UnitedSearch
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Kepner v. UnitedSearch
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petitioner's position and others who would enjoy the benefit of a correct decision by the District Court. See Sumpter v. DeGrooteSearch
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Green v. UnitedSearch
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Serfass v. UnitedSearch
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properly construed the Clause, and accordingly should no longer be followed. Reconsideration must begin with Bryan v. UnitedSearch
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U.S. at 338 U. S. 560 , citing Louisiana ex rel. Francis v. ResweberSearch
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U. S. 459 , 329 U. S. 462 (1947), and Trono v. UnitedSearch
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the accused successfully seeks review of a conviction, there is no double jeopardy upon a new trial. United States v. BallSearch
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U. S. 13 The common ancestor of these statements in Resweber and Trono, then, is United States v. BallSearch
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in which this Court considered in any detail the double jeopardy implications of an appellate reversal. North Carolina v. PearceSearch
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anew upon the same indictment, or upon another indictment, for the same offence of which he had been convicted. Hopt v. UtahSearch
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Regina v. DrurySearch
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Commonwealth v. GouldSearch
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U. S. 463 , 377 U. S. 465 (1964) (emphasis supplied). See United States v. WilsonSearch
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evidence or assess the credibility of witnesses when it judges the merits of a motion for acquittal. See United States v. WolfenbargerSearch
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United States v. NelsonSearch
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McClard v. UnitedSearch
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Curley v. UnitedSearch
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Powell v. UnitedSearch
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Crawford v. UnitedSearch
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substantial evidence, viewed in the light most favorable to the Government, to uphold the jury's decision. See Glasser v. UnitedSearch
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his right to a judgment of acquittal by moving for a new trial. See Green v. UnitedSearch
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Although the Court of Appeals did not cite Davis v. UnitedSearch
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