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Missouri Vs. Hunter
Cites for this judgment
- US Supreme Court
- Jan 19, 1983
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U.S. 359 (1983) U.S. Supreme Court Missouri v. HunterSearch
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U.S. 359 (1983) Missouri v. HunterSearch
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under the test announced in Blockburger v. UnitedSearch
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Clause precludes the imposition, in a single trial, of cumulative punishments pursuant to those statutes. Whalen v. UnitedSearch
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Albernaz v. UnitedSearch
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W.2d 374 (1981). The Court of Appeals relied entirely upon the holding of the Missouri Supreme Court opinions in State v. HaggardSearch
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Sours v. StateSearch
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and Sours v. StateSearch
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action based on the robbery. The Missouri Supreme Court concluded that, under the test announced in Blockburger v. UnitedSearch
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State sought review here in Sours I, we remanded the case for reconsideration in light of our holding in Whalen v. UnitedSearch
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States, 445 U. S. 684 (1980). Missouri v. SoursSearch
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Most recently, in State v. HaggardSearch
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reexamined its decisions in Sours I, supra, and Sours II, supra, in light of our 1981 holding in Albernaz v. UnitedSearch
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Burks v. UnitedSearch
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State, 437 U. S. 1 , 437 U. S. 11 (1978), quoting Green v. UnitedSearch
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than prevent the sentencing court from prescribing greater punishment than the legislature intended. In Whalen v. UnitedSearch
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of the crime of rape was contrary to federal statutory and constitutional law. A divided Court relied on Blockburger v. UnitedSearch
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construction, we held that cumulative punishment could not be imposed under the two statutes. In Albernaz v. UnitedSearch
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under Blockburger. See, e.g., American Tobacco Co. v. UnitedSearch
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statutes be cumulative. We are bound to accept the Missouri court's construction of that State's statutes. See O'Brien v. SkinnerSearch
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S.W.2d at 211, quoting Murray v. StateSearch
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convictions for both armed criminal action and the underlying felony did not violate the Double Jeopardy Clause. State v. TreadwaySearch
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State v. ValentineSearch
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State v. KaneSearch
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Sours II was denied. JUSTICE BLACKMUN and JUSTICE REHNQUIST would have dismissed the petition as moot. Missouri v. SoursSearch
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decisions that had reversed convictions for armed criminal action on the basis of Sours II. See, e.g., Missouri v. CounselmanSearch
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Certiorari granted, judgments vacated, and cases remanded for further consideration in light of Albernaz v. UnitedSearch
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North Carolina v. PearceSearch
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See Harris v. OklahomaSearch
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Brown v. OhioSearch
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First-degree robbery and armed criminal action constitute the same offense under the test set forth in Blockburger v. UnitedSearch
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consequences, in both the jurisdiction in which the conviction is obtained and in other jurisdictions. See Benton v. MarylandSearch
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Sibron v. NewSearch
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conviction imposes an additional stigma and causes additional damage to the defendant's reputation. See O'Clair v. UnitedSearch
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is irrelevant for purposes of the Double Jeopardy Clause where no other underlying felony is, in fact, charged. Sours v. StateSearch
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S.W.2d 208, 217-220 (Mo.), vacated and remanded, 446 U.S. 962 (1980). Cf. Harris v. OklahomaSearch
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Although the majority relies on a passage in Albernaz v. UnitedSearch
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multiple punishment for two crimes that do constitute the same offense under the Blockburger test. Whalen v. UnitedSearch
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not be submitted to the jury if the element that distinguishes the two offenses is not in dispute. See, e.g., Sansone v. UnitedSearch
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United State v. TsanasSearch
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did not, 284 U.S. at 284 U. S. 304 , the Court relied on Justice Brandeis' opinion for the Court in Albrecht v. UnitedSearch
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U.S. Supreme Court Missouri v. HunterSearch
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Blockburger v. UnitedSearch
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Whalen v. UnitedSearch
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State v. HaggardSearch
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Missouri v. SoursSearch
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Green v. UnitedSearch
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