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Greene Vs. Massey
Cites for this judgment
- US Supreme Court
- Jun 14, 1978
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U.S. 19 (1978) U.S. Supreme Court Greene v. MasseySearch
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U.S. 19 (1978) Greene v. MasseySearch
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Burks v. UnitedSearch
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Sosa v. StateSearch
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would violate the Double Jeopardy Clause of the Federal Constitution, as it was applied to the States by Benton v. MarylandSearch
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Sosa v. MaxwellSearch
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Greene v. StateSearch
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res judicata. Greene and Sosa applied for a writ of certiorari in this Court, and certiorari was denied. Greene v. FloridaSearch
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to the Court of Appeal, which affirmed the District Court on the basis of an earlier Fifth Circuit case, United States v. MusquizSearch
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certiorari, 432 U.S. 905 (1977), to review the judgment of the United States Court of Appeals. II In Burks v. UnitedSearch
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Since the constitutional prohibition against double jeopardy is fully applicable to state criminal proceedings, Benton v. MarylandSearch
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that this case should be remanded to the Court of Appeals for reconsideration in light of this opinion and Burks v. UnitedSearch
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Lehman Bros. v. ScheinSearch
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These included Forman v. UnitedSearch
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Sapir v. UnitedSearch
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Bryan v. UnitedSearch
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whether, under the Federal Constitution, a retrial would be allowed only for some lesser included offense. Cf. Green v. UnitedSearch
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States, 355 U. S. 184 (1957). Indeed, even if Benton v. MarylandSearch
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the constitutional prohibition against double jeopardy is fully applicable to state criminal proceedings. See Crist v. BretzSearch
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post, p. 437 U. S. 40 (POWELL, J., dissenting). I believe, however, that, under our decision today in Burks v. UnitedSearch
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concurring in the judgment. For the reasons stated by MR. JUSTICE POWELL in his dissenting opinion in Crist v. BretzSearch
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U.S. Supreme Court Greene v. MasseySearch
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Greene v. FloridaSearch
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United States v. MusquizSearch
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of the United States Court of Appeals. II In Burks v. UnitedSearch
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and Burks v. UnitedSearch
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Forman v. UnitedSearch
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Cf. Green v. UnitedSearch
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See Crist v. BretzSearch
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Benton v. MarylandSearch
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