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United States Vs. Dixon

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  • US Supreme Court
  • Dec 02, 1992

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  1. illinois Vs. Vitale US Supreme Court · Jun 19, 1980
  2. Grady Vs. Corbin US Supreme Court · May 29, 1990
  3. United States Vs. Felix US Supreme Court · Jan 14, 1992
  4. North Carolina Vs. Pearce US Supreme Court · Jun 23, 1969
  5. Ashe Vs. Swenson US Supreme Court · Apr 06, 1970
  6. U.S. 688 (1992) October Term, 1992 Syllabus United States V. Dixon
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  7. two cases on appeal and ruled that both subsequent prosecutions were barred by the Double Jeopardy Clause under Grady v. Corbin
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  8. test. See, e. g., Blockburger v. United
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  9. not establish even minimal antecedents for the Grady rule. In contrast, two post-Nielsen cases, Gavieres v. United
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  10. States, 220 U. S. 338 , 343, and Burton v. United
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  11. test) was satisfied. Moreover, the Grady rule has already proved unstable in application, see United States v. Felix
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  12. of the violated condition. Harris v. Oklahoma
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  13. Jeopardy Clause under this Court's successive prosecution decisions (from In re Nielsen, 131 U. S. 176, to Grady v. Corbin
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  14. consoli- 694 dated the two cases, reheard them en banc, and, relying on our recent decision in Grady v. Corbin
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  15. That limitation was closely followed in American courts. See United States v. Hudson
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  16. Act of March 2, 1831, 4 Stat. 487-488. See Bloom v. Illinois
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  17. civil or criminal law, it would not enjoin violation of civil or criminal law as such. See, e. g., Sparhawk v. Union
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  18. Attorney General v. Utica
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  19. did not bar a subsequent prosecution for a criminal offense based on the same conduct. See, e. g., King v. Lord
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  20. State v. Yancy
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  21. both to successive punishments and to successive prosecutions for the same criminal offense. See North Carolina v. Pearce
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  22. apply in nonsummary criminal contempt prosecutions just as they do in other criminal prosecutions. See, e. g., Gompers v. Bucks
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  23. Cooke v. United
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  24. think it obvious, and today hold, that the protection of the Double Jeopardy Clause likewise attaches. Accord, Menna v. New
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  25. Colombo v. New
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  26. test, the double jeopardy bar applies. See, e. g., Brown v. Ohio
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  27. Blockburger v. United
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  28. Gavieres v. United
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  29. until a 1 State v. Yancy
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  30. prosecute Dixon for the drug offense resembles the situation that produced our judgment of double jeopardy in Harris v. Oklahoma
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  31. U. S. 410 , 420-421 (1980). Accord, Whalen v. United
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  32. Bloom, 391 U. S., at 208. The Government also relies upon In re Chapman, 166 U. S. 661 (1897), and Jurney v. MacCracken
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  33. accord, Parker v. United
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  34. simple assault does not.6 See Logan v. United
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  35. irrelevant for double jeopardy analysis does have precedentalbeit erroneous-in Grady's same-conduct test. Grady v. Corbin
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  36. of a District of Columbia law adopted by the District of Columbia Court of Appeals. See, e. g., Pernell v. Southall
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  37. consider whether they are barred by the new, additional double jeopardy test we announced three Terms ago in Grady v. Corbin
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  38. to be applied in determining the double jeopardy effect of criminal charges based on the same conduct (Block burger vs. Grady
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  39. earlier Supreme Court precedent and with the clear common-law understanding of double jeopardy. See, e. g., Gavieres v. United
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  40. serves the function of preventing both successive punishment and successive prosecution, see, e. g., North Carolina v. Pearce
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  41. Post, at 747. The collateral-estoppel effect attributed to the Double Jeopardy Clause, see Ashe v. Swenson
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  42. incident to a 706 His second case comes almost a century later. Brown v. Ohio
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  43. multiple times, see post, at 748, 754, cannot convert it into case law. See United States Nat. Bank of Ore. v. Independent
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  44. SOUTER, there are two pre-Grady (and post Nielsen) cases that are directly on point. In both Gavieres v. United
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  45. States, 220 U. S., at 343, and Burton v. United
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  46. the Court upheld subse- 11 There is, for example, no other way to read the following passage in Illinois v. Vitale
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  47. to make a precedent. JusTICE WHITE then seeks to neutralize the precedent by offering still another case, Grafton v. United
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  48. it has already proved unstable in application. Less than two years after it came down, in United States v. Felix
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  49. See post, at 747, 761. Of course, the same-transaction test, long espoused by Justice Brennan, see, e. g., Brown v. Ohio
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  50. U. S. 161 , 170 (1977) (concurring opinion), has been consistently rejected by the Court. See, e. g., Garrett v. United
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