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Arizona Vs. Manypenny

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  • US Supreme Court
  • Apr 21, 1981

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74 entries 5 linked 69 unlinked
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  1. United States Vs. Sanges US Supreme Court · Apr 04, 1892
  2. United States Vs. Burroughs US Supreme Court · Apr 10, 1933
  3. Deitrick Vs. Greaney US Supreme Court · Feb 12, 1940
    Relied / Followed
  4. Colorado Vs. Symes US Supreme Court · May 31, 1932
  5. United States Vs. Difrancesco US Supreme Court · Dec 09, 1980
  6. U.S. 232 (1981) U.S. Supreme Court Arizona v. Manypenny
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  7. U.S. 232 (1981) Arizona v. Manypenny
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  8. Relying on principles enunciated in In re Neale, 135 U. S. 1 , 135 U. S. 75 (1890), and Clifton v. Cox
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  9. The United States Court of Appeals for the Ninth Circuit, by a brief per curiam opinion citing Sanabria v. United
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  10. an appeal from an adverse decision in a criminal case only if expressly authorized by statute to do so. United States v. Martin
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  11. United States v. Wilson
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  12. the prosecution seeks review of a judgment of acquittal following a guilty verdict. See, e.g., State ex rel. Hyder v. Superior
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  13. Hyder v. Superior
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  14. Dawson v. Superior
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  15. Court, 112 Ariz. 123, 538 P.2d 397 (1975). See also State v. Allen
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  16. State v. Lopez
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  17. State v. Gradillas
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  18. court conducts the trial under federal rules of procedure while applying the criminal law of the State. Tennessee v. Davis
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  19. removal permits a trial upon the merits of the state law question free from local interests or prejudice. See Colorado v. Symes
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  20. It also enables the defendant to have the validity of his immunity defense adjudicated in a federal forum. Willingham v. Morgan
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  21. this Court retains the highest regard for a State's right to make and enforce its own criminal laws. Colorado v. Symes
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  22. Patterson v. New
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  23. Huffman v. Pursue
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  24. in enforcing its criminal laws merits comparable judicial respect when pursued in the federal courts. Cf. Colorado v. Symes
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  25. Will v. United
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  26. States, 389 U. S. 90 , 389 U. S. 96 (1967), quoting from Carroll v. United
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  27. individuals should be free from the harassment and vexation of unbounded litigation by the sovereign. See, e.g.,State v. Jones
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  28. People v. Corning
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  29. double jeopardy, which bars an appeal by the prosecutor following a jury verdict of acquittal. See, e.g., People v. Webb
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  30. State v. Burris
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  31. State v. Hand
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  32. Ark. 169, 171 (1845). See also Burks v. United
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  33. Fong Foo v. United
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  34. States, 369 U. S. 141 , 369 U. S. 143 (1962). See generally United States v. DiFrancesco
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  35. authorization to the contrary. This presumption was first announced as a rule of federal law in United States v. Sanges
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  36. does not authorize such a federal appeal. DiBella v. United
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  37. Carroll v. United
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  38. States, 354 U.S. Page 451 U. S. 247 394, 354 U. S. 400 -403 (1957). See Will v. United
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  39. Clause of the Fifth Amendment, which is enforceable against the States through the Fourteenth Amendment. Benton v. Maryland
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  40. by the Arizona Supreme Court, the statute also authorizes review for abuse of discretion. State ex rel. Hyder v. Superior
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  41. Ronan v. Superior
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  42. Mahoney v. Stevens
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  43. this provision, it may furnish an additional basis for appellate review here. See generally State ex rel Hyder v. Superior
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  44. State v. Wynn
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  45. on several decisions, none of which involved proceedings removed from state to federal court. See D'Oench, Duhme Co. v. Federal
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  46. Board of Comm'rs v. United
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  47. United States v. Crain
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  48. of the federal officer removal statute. Willingham v. Moran
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  49. U. S. 402 , 395 U. S. 405 -406 (1969). It has been 100 years since the Court in Tennessee v. Davis
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  50. none upon removal, even though the federal court would have had jurisdiction if the suit had originated there. Freeman v. Bee
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