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Montana Vs. Hall
Cites for this judgment
- US Supreme Court
- Apr 27, 1987
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U.S. 400 (1987) U.S. Supreme Court Montana v. HallSearch
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U.S. 400 (1987) Montana v. HallSearch
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Brown v. OhioSearch
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innocence and there is no suggestion that the evidence introduced at trial was insufficient to convict him, see Burks v. UnitedSearch
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the State originally sought to try him for sexual assault, but, at his behest, tried him instead for incest. Brown v. OhioSearch
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Mont. 187, 190, 728 P.2d 1339, 1340 (1986) (citing Brown v. OhioSearch
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and concluded that they were the same offense for double jeopardy purposes. Relying on this conclusion and Brown v. OhioSearch
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a judgment of conviction, on any ground other than the insufficiency of the evidence to support the verdict, Burks v. UnitedSearch
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United States v. ScottSearch
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U. S. 463 , 377 U. S. 466 (1964). See Burks v. UnitedSearch
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There is no suggestion that the evidence introduced at trial was insufficient to convict respondent. See Burks v. UnitedSearch
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Jeopardy Clause. The principal federal authority relied on by the Montana Supreme Court was our decision in Brown v. OhioSearch
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permits retrial after a conviction is reversed because of a defect in the charging instrument. E.g., United States v. BallSearch
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presented with charges of both sexual assault and incest and had chosen to convict respondent of incest. See Green v. UnitedSearch
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Allen v. HardySearch
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Griggs v. ProvidentSearch
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Smith v. ArkansasSearch
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Board of Education of Rogers, Ark. v. McCluskeySearch
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United States v. HollywoodSearch
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Eaton v. TulsaSearch
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Shipley v. CaliforniaSearch
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Cf. United States v. HollywoodSearch
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See Hutto v. DavisSearch
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Stone v. GrahamSearch
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Newport v. IacobucciSearch
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the Montana court advanced an alternative ground for its decision that is supported only by the Montana case of State v. HembdSearch
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Commonwealth v. UptonSearch
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Mass. 363, 476 N.E.2d 548 (1985) (declining to follow Massachusetts v. UptonSearch
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Bellanca v. NewSearch
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State Liquor Authority, 54 N.Y.2d 228, 429 N.E.2d 765 (1981) (declining to follow New York State Liquor Authority v. BellancaSearch
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State v. OppermanSearch
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N.W.2d 673 (S.D.1976) (declining to follow South Dakota v. OppermanSearch
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State v. LindsethSearch
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State v. WellsSearch
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State v. HembdSearch
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State v. ParmenterSearch
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U.S. Supreme Court Montana v. HallSearch
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Burks v. UnitedSearch
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and Brown v. OhioSearch
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