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Heath Vs. Alabama
Cites for this judgment
- US Supreme Court
- Dec 03, 1985
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U.S. 82 (1985) U.S. Supreme Court Heath v. AlabamaSearch
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U.S. 82 (1985) Heath v. AlabamaSearch
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Page 474 U. S. 87 whether petitioner's Alabama conviction was barred by this Court's decision in Brown v. OhioSearch
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or passed upon in the state court, as has sometimes been stated, see, e.g., State Farm Mutual Automobile Ins. Co. v. DuelSearch
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Court will not consider such claims creates, at the least, a weighty presumption against review. See, e.g., Illinois v. GatesSearch
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offense under Brown v. OhioSearch
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U. S. 377 , 260 U. S. 382 (1922). As the Court explained in Moore v. IllinoisSearch
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the two entities draw their authority to punish the offender from distinct sources of power. See, e.g., United States v. WheelerSearch
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Brief any citation in this list with AI Studio
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Puerto Rico v. PageSearch
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Grafton v. UnitedSearch
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not from the Federal Government. Wheeler, supra, at 435 U. S. 320 , n. 14. See Abbate v. UnitedSearch
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Bartkus v. IllinoisSearch
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Westfall v. UnitedSearch
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Coyle v. OklahomaSearch
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U. S. 559 , 221 U. S. 567 (1911). See Skiriotes v. FloridaSearch
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the realm of successive federal and state prosecutions illustrate the soundness of this analysis. United States v. WheelerSearch
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federalist system, that constitutes the basis for the dual sovereignty doctrine. Petitioner argues that Nielsen v. OregonSearch
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the meaning of the Double Jeopardy Clause if they are prosecuted by different sovereigns. See, e.g., United Skates v. LanzaSearch
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balancing of interests approach. The Court has refused a similar request on at least one previous occasion, see Abbate v. UnitedSearch
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to it, and neither sovereign with respect to the objects committed to the other. Page 474 U. S. 93 McCulloch v. MarylandSearch
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distinct and sovereign, and consequently foreign to each other.' Bank of United States v. DanielSearch
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Pet. 32, 37 U. S. 54 (1838). See also Skiriotes v. FloridaSearch
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prerogatives of sovereignty is the power to create and enforce a criminal code. See, e.g., Alfred L. Snapp & Son, Inc. v. PuertoSearch
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within the meaning of the Double Jeopardy Clause. In Abbate v. UnitedSearch
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the Government's theory might work by referring to In re Nielsen, 131 U. S. 176 (1889). Abbate v. UnitedSearch
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by the Double Jeopardy Clause of the Fifth Amendment, as applied to the States by the Fourteenth Amendment, Benton v. MarylandSearch
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any reasonable constitutional standard, offend the bar to successive prosecutions for the same offense. See Brown v. OhioSearch
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Moore v. IllinoisSearch
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should recognize this exegesis of the Clause as, at best, a useful fiction and, at worst, a dangerous one. See Bartkus v. IllinoisSearch
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overlap at times, and even where they do not, different interests may be implicated by a single act. See, e.g., Abbate v. UnitedSearch
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a defendant's interest in avoiding successive prosecutions or multiple punishments for the same crime. See Screws v. UnitedSearch
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Abbate v. UnitedSearch
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U. S. 542 , 92 U. S. 551 (1876). See Moore v. IllinoisSearch
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Nielsen v. OregonSearch
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barred both governments from combining to do together what each could not constitutionally do on its own. See Murphy v. WaterfrontSearch
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Elkins v. UnitedSearch
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Georgia with his plea would merely continue their efforts to secure his death in another jurisdiction. Cf. Santobello v. NewSearch
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U.S. Supreme Court Heath v. AlabamaSearch
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Brown v. OhioSearch
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State Farm Mutual Automobile Ins. Co. v. DuelSearch
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See Abbate v. UnitedSearch
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See Skiriotes v. FloridaSearch
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United Skates v. LanzaSearch
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