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Bullington Vs. Missouri
Cites for this judgment
- US Supreme Court
- May 04, 1981
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U.S. 430 (1981) U.S. Supreme Court Bullington v. MissouriSearch
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U.S. 430 (1981) Bullington v. MissouriSearch
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years. After granting petitioner's post-trial motion for a new trial because of the intervening decision in Duren v. MissouriSearch
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acquitted by a jury is available to him, with respect to the death penalty, at his retrial. The reasoning of Stroud v. UnitedSearch
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at retrial after a defendant has succeeded in having his original conviction set aside. See North Carolina v. PearceSearch
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Stroud v. UnitedSearch
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sentence, and the sentencer's discretion in determining punishment was essentially unfettered. Although United States v. DiFrancescoSearch
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available to petitioner's jury under Missouri law. Pp. 451 U. S. 437 -441. (b) The rationale of Burks v. UnitedSearch
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JJ., joined, post, p. 451 U. S. 447 . JUSTICE BLACKMUN delivered the opinion of the Court. Stroud v. UnitedSearch
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Like most death penalty legislation enacted after this Court's decision in Furman v. GeorgiaSearch
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grounds, for judgment of acquittal or, in the alternative, for a new trial. While that motion was pending, Duren v. MissouriSearch
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Jeopardy Clause of the Fifth Amendment (as made applicable to the States through the Fourteenth Amendment, Benton v. MarylandSearch
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en banc and by a divided vote, sustained the State's position and made the writ absolute. State ex rel. Westfall v. MasonSearch
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Double Jeopardy Clause forbids the retrial of a defendant who has been acquitted of the crime charged. United States v. DiFrancescoSearch
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Burks v. UnitedSearch
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Page 451 U. S. 438 United States v. MartinSearch
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Fong Foo v. UnitedSearch
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Green v. UnitedSearch
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sentence at retrial after a defendant has succeeded in having his original conviction set aside. See North Carolina v. PearceSearch
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U. S. 711 (1969). See also United States v. DiFrancescoSearch
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In only one prior case, United States v. DiFrancescoSearch
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the Missouri statute, the same standard required to be used at the trial on the issue of guilt or innocence. Jackson v. VirginiaSearch
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when the underlying rationale of the cases is considered. The State here relies principally upon North Carolina v. PearceSearch
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double jeopardy bar to retrying a defendant who has succeeded in overturning his conviction. See, e.g., United States v. TateoSearch
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retried if he obtains a reversal of his conviction on the ground that the evidence was insufficient to convict. Burks v. UnitedSearch
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Id. at 116 (emphasis in original). The decision in Burks was foreshadowed by Green v. UnitedSearch
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Id. at 355 U. S. 190 . See also Price v. GeorgiaSearch
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as has been noted, state an exception to the general rule relied upon Page 451 U. S. 445 in North Carolina v. PearceSearch
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States, 355 U.S. at 355 U. S. 187 -188. See also United States v. DiFrancescoSearch
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States, 437 U.S. at 437 U. S. 16 , the State is not entitled to another. V TheSearch
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also are available at a sentencing hearing similar to that required by Missouri in a capital case. See, e.g., Specht v. PattersonSearch
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We therefore refrain from extending the reasoning of Stroud v. UnitedSearch
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Harris v. WashingtonSearch
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U. S. 55 (1971). See Abney v. UnitedSearch
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Subsequent to this Court's decisions in Furman v. GeorgiaSearch
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U. S. 238 (1972), and Gregg v. GeorgiaSearch
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The Texas Court of Criminal Appeals has relied upon this Court's cases construing the Double Jeopardy Clause. Sanne v. StateSearch
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Brasfield v. StateSearch
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Ward v. StateSearch
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language of this statute to the jury, giving it no further guidance as to the appropriate penalty. Record in Stroud v. UnitedSearch
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U.S. Supreme Court Bullington v. MissouriSearch
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Duren v. MissouriSearch
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of Stroud v. UnitedSearch
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See North Carolina v. PearceSearch
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