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Burks Vs. United States

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  • US Supreme Court
  • Jun 14, 1978

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69 entries 6 linked 63 unlinked
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  1. United States Vs. Jorn US Supreme Court · Jan 25, 1971
  2. United States Vs. Tateo US Supreme Court · Jun 08, 1964
  3. Wade Vs. Hunter US Supreme Court · Apr 25, 1949
    Distinguished
  4. United States Vs. Bass US Supreme Court · Dec 20, 1971
    Relied / Followed
  5. United States Vs. Ball US Supreme Court · May 25, 1896
  6. North Carolina Vs. Pearce US Supreme Court · Jun 23, 1969
  7. Burks v. United
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  8. States - 437 U.S. 1 (1978) U.S. Supreme Court Burks v. United
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  9. States, 437 U.S. 1 (1978) Burks v. United
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  10. 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. United
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  11. Sapir v. United
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  12. Yates v. United
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  13. and Forman v. United
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  14. ibid., the court explicitly adopted the procedures utilized by the Fifth Circuit in United States v. Bass
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  15. and Bryan v. United
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  16. by petitioner has not been embraced by our prior holdings. Indeed, as the Court of Appeals here recognized, Bryan v. United
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  17. here the accused successfully seeks review of a conviction, there is no double jeopardy upon a new trial.' Francis v. Resweber
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  18. U. S. 459 , 329 U. S. 462 . See Trono v. United
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  19. Five years after Bryan was decided, a similar claim of double jeopardy was presented to the Court in Sapir v. United
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  20. The correct rule was stated in Kepner v. United
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  21. come into play, for then the defendant opens the whole record for such disposition as might be just. See Bryan v. United
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  22. U.S. at 348 U. S. 374 . (Emphasis added.) Page 437 U. S. 8 Shortly after Sapir, in Yates v. United
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  23. particularly since petitioners have asked, in the alternative, for a new trial, as well as for acquittal. See Bryan v. United
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  24. insufficiency, even when the defendant has moved only for a judgment of acquittal. Three years later, in Forman v. United
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  25. time for an offense when his prior conviction for that same offense has been set aside by his appeal. United States v. Ball
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  26. United States v. Martin
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  27. and, of course, petitioner could not be retried for the same offense. See Fong Foo v. United
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  28. Kepner v. United
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  29. petitioner's position and others who would enjoy the benefit of a correct decision by the District Court. See Sumpter v. DeGroote
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  30. Green v. United
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  31. Serfass v. United
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  32. properly construed the Clause, and accordingly should no longer be followed. Reconsideration must begin with Bryan v. United
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  33. U.S. at 338 U. S. 560 , citing Louisiana ex rel. Francis v. Resweber
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  34. U. S. 459 , 329 U. S. 462 (1947), and Trono v. United
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  35. the accused successfully seeks review of a conviction, there is no double jeopardy upon a new trial. United States v. Ball
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  36. U. S. 13 The common ancestor of these statements in Resweber and Trono, then, is United States v. Ball
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  37. in which this Court considered in any detail the double jeopardy implications of an appellate reversal. North Carolina v. Pearce
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  38. anew upon the same indictment, or upon another indictment, for the same offence of which he had been convicted. Hopt v. Utah
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  39. Regina v. Drury
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  40. Commonwealth v. Gould
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  41. U. S. 463 , 377 U. S. 465 (1964) (emphasis supplied). See United States v. Wilson
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  42. evidence or assess the credibility of witnesses when it judges the merits of a motion for acquittal. See United States v. Wolfenbarger
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  43. United States v. Nelson
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  44. McClard v. United
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  45. Curley v. United
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  46. Powell v. United
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  47. Crawford v. United
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  48. substantial evidence, viewed in the light most favorable to the Government, to uphold the jury's decision. See Glasser v. United
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  49. his right to a judgment of acquittal by moving for a new trial. See Green v. United
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  50. Although the Court of Appeals did not cite Davis v. United
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