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Crist Vs. Bretz

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  • US Supreme Court
  • Jun 14, 1978

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71 entries 10 linked 61 unlinked
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  1. illinois Vs. Somerville US Supreme Court · Feb 27, 1973
    Relied / Followed
  2. United States Vs. Jorn US Supreme Court · Jan 25, 1971
  3. Malloy Vs. Hogan US Supreme Court · Jun 15, 1964
  4. Ker Vs. California US Supreme Court · Jun 10, 1963
  5. Greene Vs. Massey US Supreme Court · Jun 14, 1978
  6. Swisher Vs. Brady US Supreme Court · Jun 28, 1978
  7. Wade Vs. Hunter US Supreme Court · Apr 25, 1949
  8. Crist Vs. Cline US Supreme Court · Jan 01, 1977
  9. United States Vs. Tateo US Supreme Court · Jun 08, 1964
  10. United States Vs. Dinitz US Supreme Court · Mar 08, 1976
  11. U.S. 28 (1978) U.S. Supreme Court Crist v. Bretz
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  12. U.S. 28 (1978) Crist v. Bretz
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  13. The Montana Supreme Court, which had previously denied appellees habeas corpus relief, State ex rel. Bretz v. Sheri
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  14. on the ground that, under state law, Page 437 U. S. 31 jeopardy had.not attached in the first trial. State v. Cline
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  15. had attached, a second prosecution was justified, as manifest necessity supported the first dismissal. Cunningham v. District
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  16. trial when the jury is empaneled and sworn. We postponed consideration of probable jurisdiction sub nom. Crist v. Cline
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  17. must apply equally in federal and state courts. Benton v. Maryland
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  18. prosecution of the defendant bring the guarantee against double jeopardy even potentially into play. Serfass v. United
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  19. was not destined to endure. Beginning with this Court's decision in United Page 437 U. S. 34 States v. Perez
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  20. Thus, in Wade v. Hunter
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  21. Arizona v. Washington
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  22. in jeopardy even though the criminal proceeding against him terminates before verdict was perhaps best stated in Green v. United
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  23. at which jeopardy does attach in a jury trial might have been open to argument before this Court's decision in Downum v. United
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  24. explicit authority for the proposition that jeopardy attaches when the jury is empaneled and sworn. See United States v. Martin
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  25. Serfass v. United
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  26. the interest of an accused in retaining a chosen jury. That Page 437 U. S. 36 interest was described in Wade v. Hunter
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  27. lies at the foundation of the federal rule that jeopardy attaches when the jury is empaneled and sworn. United States v. Martin
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  28. of the Double Jeopardy Clause. See Pointer v. Texas
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  29. to the federal requirement of a unanimous verdict by 12 jurors, which has been held not to bind the States. Apodaca v. Oregon
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  30. Williams v. Florida
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  31. U. S. 78 . But see Ballew v. Georgia
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  32. F.2d at 1343. In Illinois v. Somerville
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  33. State v. Cunningham
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  34. although this may be as early as the opening statement. Klinefelter v. Superior
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  35. State v. Mojarro
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  36. Padilla, 107 Ariz. 134, 139-140, 483 P.2d 549, 553. Until recently, New York had a similar rule. See Mizell v. Attorney
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  37. We were informed during argument that the conviction of Merrel Cline has been reversed, see State v. Cline
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  38. In addition to the present case, see Arizona v. Washington
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  39. Burks v. United
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  40. Sanabria v. United
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  41. United States v. Scott
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  42. Commonwealth v. Cook
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  43. for the discharge of the first jury. See, e.g., United States v. Tateo
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  44. Simmons v. United
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  45. Thompson v. United
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  46. States, 155 U. S. 271 . But it had become clear at least by the time of Kepner v. United
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  47. Id. at 195 U. S. 128 . See also United States v. Dinitz
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  48. United States v. Wilson
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  49. Gori v. United
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  50. Kepner v. United
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