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United States Vs. Powell
Cites for this judgment
- US Supreme Court
- Dec 10, 1984
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U.S. 57 (1984) U.S. Supreme Court United States v. PowellSearch
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U.S. 57 (1984) United States v. PowellSearch
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to reversal of the telephone facilitation convictions. The Court of Appeals agreed. It acknowledged the rule of Dunn v. UnitedSearch
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J., delivered the opinion for a unanimous Court. JUSTICE REHNQUIST delivered the opinion of the Court. In Dunn v. UnitedSearch
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Id. at 456. The court then cited United States v. BaileySearch
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F.2d 237, 245 (CA9 1979), cert. denied, 445 U.S. 934 (1980), and United States v. HannahSearch
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F.2d at 456. The Government petitioned for rehearing, arguing that the court had ignored the rule of Dunn v. UnitedSearch
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in the verdict is not necessary. Each count in an indictment is regarded as if it was a separate indictment. Latham v. TheSearch
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Queen, 5 Best & Smith 635, 642, 643. Selvester v. UnitedSearch
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offenses are separately charged in the counts of a single indictment the same rule must hold. As was said in Steckler v. UnitedSearch
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Dunn this Court has on numerous occasions alluded to its rule as an established principle. Thus, in United States v. DotterweichSearch
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drugs into interstate commerce, but acquitting the corporation of the same charge. And more recently, in Harris v. RiveraSearch
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supra, at 454 U. S. 346 . See also Standefer v. UnitedSearch
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United States v. HannahSearch
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F.2d 27 (CA3 1978). See also Page 469 U. S. 64 United States v. MoralesSearch
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The latter statement, if not incorrect at the time, see United States v. OppenheimerSearch
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U. S. 85 , 242 U. S. 87 (1916), can no longer be accepted in light of cases such as Sealfon v. UnitedSearch
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States, 332 U. S. 575 (1948), and Ashe v. SwensonSearch
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from appealing or otherwise upsetting such an acquittal by the Constitution's Double Jeopardy Clause. See Green v. UnitedSearch
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Kepner v. UnitedSearch
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is hardly satisfactory to allow the defendant to receive a new trial on the conviction as a matter of course. Harris v. RiveraSearch
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as a check against arbitrary or oppressive exercises of power by the Executive Branch. See, e.g., United States v. MayburySearch
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Bickel, Judge and Jury -- Inconsistent Verdicts in the Federal Courts, 63 Harv.L.Rev. 649, 652 (1950). Cf. Duncan v. LouisianaSearch
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undertake. Jurors, of course, take an oath to follow the law as charged, and they are expected to follow it. See Adams v. TexasSearch
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an impartial verdict on the facts and the evidence. But with few exceptions, see McDonough Power Equipment, Inc. v. GreenwoodSearch
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the jury's collective judgment. Courts have always resisted inquiring into a jury's thought processes, see McDonald v. PlessSearch
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the evidence adduced at trial could support any rational determination of guilt beyond a reasonable doubt. See Glasser v. UnitedSearch
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Jackson v. VirginiaSearch
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require her to accept the burden of conviction on the counts on which the jury convicted. The rule established in Dunn v. UnitedSearch
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b) offense, the commission of the felony that the accused is charged with facilitating. See United States v. WardSearch
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determined upon independent review of the record that the evidence was insufficient as a matter of law, under Jackson v. VirginiaSearch
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insufficient evidence on the compound offenses. We do not believe that its somewhat cryptic reliance on United States v. BaileySearch
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In Standefer v. UnitedSearch
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two crimes, where a guilty verdict on one count logically excludes a finding of guilt on the other. Cf. United States v. DaigleSearch
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U.S. Supreme Court United States v. PowellSearch
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of Dunn v. UnitedSearch
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of the Court. In Dunn v. UnitedSearch
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and United States v. HannahSearch
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Latham v. TheSearch
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Selvester v. UnitedSearch
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Steckler v. UnitedSearch
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Standefer v. UnitedSearch
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United States v. MoralesSearch
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Sealfon v. UnitedSearch
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