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Tibbs Vs. Florida

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  • US Supreme Court
  • Jun 07, 1982

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  10. Neil Vs. Biggers US Supreme Court · Dec 06, 1972
  11. U.S. 31 (1982) U.S. Supreme Court Tibbs v. Florida
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  12. U.S. 31 (1982) Tibbs v. Florida
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  13. evidence, unlike a reversal based on insufficient evidence where the Double Jeopardy Clause precludes a retrial, Burks v. United
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  14. to the jury's recommendation, the judge sentenced Tibbs to death. On appeal, the Florida Supreme Court reversed. Tibbs v. State
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  15. Id. at 792 (quoting Griffis v. Hill
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  16. dismissed the indictment, concluding that retrial would violate the double jeopardy principles articulated in Burks v. United
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  17. States, 437 U. S. 1 (1978), and Greene v. Massey
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  18. that Greene and Burks do not bar retrial. Those decisions, the court believed, as well as United States v. DiFrancesco
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  19. Page 457 U. S. 40 United States v. Ball
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  20. U. S. 711 , 395 U. S. 720 (1969), has persevered to the present. See United States v. DiFrancesco
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  21. United States v. Scott
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  22. of a conviction is not the type of governmental oppression targeted by the Double Jeopardy Clause. United States v. Scott
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  23. supra, at 437 U. S. 91 . See generally United States v. DiFrancesco
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  24. Burks v. United
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  25. States and Greene v. Massey
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  26. defendant and create a risk of conviction through sheer governmental perseverance. Page 457 U. S. 42 See Green v. United
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  27. of conflicting evidence and concludes that a guilty verdict is against the weight of the evidence. See Hudson v. Louisiana
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  28. and obtain conviction solely through its persistence. United State v. DiFrancesco
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  29. legally insufficient evidence from evidence that rationally supports a verdict. Second, our decision in Jackson v. Virginia
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  30. S.Const., Amdt. 5. The Clause applies to the States through the Due Process Clause of the Fourteenth Amendment. Benton v. Maryland
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  31. not pass upon any possible due process questions raised by the State's identification procedures, see generally Neil v. Biggers
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  32. Simmons v. United
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  33. assailant. Id. at 303. Tibbs challenged the admissibility of these polygraphs during his first appeal. See Tibbs v. State
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  34. retried. We have applied Burks to prosecutions that were not yet final on the date of that decision. See Hudson v. Louisiana
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  35. similarly have explained the difference between evidentiary weight and evidentiary sufficiency. In United States v. Lincoln
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  36. to permit the trial judge to set aside a conviction that is against the weight of the evidence. E.g., United States v. Lincoln
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  37. United States v. Indelicato
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  38. United States v. Felice
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  39. appearing in the present Clause. S. Jour., 1st Cong., 1st Sess., 71, 77 (1820 ed.). See generally United States v. Wilson
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  40. See United States v. DiFrancesco
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  41. Arizona v. Washington
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  42. United States v. Martin
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  43. Fong Foo v. United
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  44. United States v. Martin
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  45. Arizona v. Washington
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  46. Johnson v. Louisiana
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  47. Downum v. United
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  48. Logan v. United
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  49. U.S. Supreme Court Tibbs v. Florida
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  50. Tibbs v. State
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