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Montana Vs. Hall

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  • US Supreme Court
  • Apr 27, 1987

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60 entries 11 linked 49 unlinked
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  1. United States Vs. Tateo US Supreme Court · Jun 08, 1964
  2. Michigan Vs. Long US Supreme Court · Jul 06, 1983
  3. Maggio Vs. Fulford US Supreme Court · Jun 06, 1983
  4. Wyrick Vs. Fields US Supreme Court · Nov 29, 1982
  5. Harris Vs. Rivera US Supreme Court · Dec 14, 1981
  6. Schweiker Vs. Hansen US Supreme Court · Apr 06, 1981
  7. Harris Vs. Rosario US Supreme Court · May 27, 1980
  8. Hutto Vs. Davis US Supreme Court · Jan 11, 1982
  9. Stone Vs. Graham US Supreme Court · Nov 17, 1980
  10. Oregon State Penitentiary Vs. Hammer US Supreme Court · Jan 01, 1977
  11. South Dakota Vs. Opperman US Supreme Court · Jul 06, 1976
  12. U.S. 400 (1987) U.S. Supreme Court Montana v. Hall
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  13. U.S. 400 (1987) Montana v. Hall
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  14. Brown v. Ohio
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  15. innocence and there is no suggestion that the evidence introduced at trial was insufficient to convict him, see Burks v. United
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  16. the State originally sought to try him for sexual assault, but, at his behest, tried him instead for incest. Brown v. Ohio
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  17. Mont. 187, 190, 728 P.2d 1339, 1340 (1986) (citing Brown v. Ohio
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  18. and concluded that they were the same offense for double jeopardy purposes. Relying on this conclusion and Brown v. Ohio
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  19. a judgment of conviction, on any ground other than the insufficiency of the evidence to support the verdict, Burks v. United
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  20. United States v. Scott
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  21. U. S. 463 , 377 U. S. 466 (1964). See Burks v. United
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  22. There is no suggestion that the evidence introduced at trial was insufficient to convict respondent. See Burks v. United
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  23. Jeopardy Clause. The principal federal authority relied on by the Montana Supreme Court was our decision in Brown v. Ohio
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  24. permits retrial after a conviction is reversed because of a defect in the charging instrument. E.g., United States v. Ball
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  25. presented with charges of both sexual assault and incest and had chosen to convict respondent of incest. See Green v. United
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  26. Allen v. Hardy
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  27. Griggs v. Provident
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  28. Smith v. Arkansas
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  29. Board of Education of Rogers, Ark. v. McCluskey
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  30. United States v. Hollywood
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  31. Eaton v. Tulsa
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  32. Shipley v. California
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  33. Cf. United States v. Hollywood
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  34. See Hutto v. Davis
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  35. Stone v. Graham
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  36. Newport v. Iacobucci
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  37. the Montana court advanced an alternative ground for its decision that is supported only by the Montana case of State v. Hembd
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  38. Commonwealth v. Upton
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  39. Mass. 363, 476 N.E.2d 548 (1985) (declining to follow Massachusetts v. Upton
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  40. Bellanca v. New
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  41. State Liquor Authority, 54 N.Y.2d 228, 429 N.E.2d 765 (1981) (declining to follow New York State Liquor Authority v. Bellanca
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  42. State v. Opperman
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  43. N.W.2d 673 (S.D.1976) (declining to follow South Dakota v. Opperman
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  44. State v. Lindseth
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  45. State v. Wells
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  46. State v. Hembd
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  47. State v. Parmenter
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  48. U.S. Supreme Court Montana v. Hall
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  49. Burks v. United
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  50. and Brown v. Ohio
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