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Witte Vs. United States

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  • US Supreme Court
  • Jun 14, 1995

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68 entries 8 linked 60 unlinked
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  1. United States Vs. Halper US Supreme Court · May 15, 1989
  2. Gryger Vs. Burke US Supreme Court · Jun 14, 1948
  3. Oyler Vs. Boles US Supreme Court · Feb 19, 1962
  4. Walton Vs. Arizona US Supreme Court · Jun 27, 1990
  5. North Carolina Vs. Pearce US Supreme Court · Jun 23, 1969
  6. Schiro Vs. Farley US Supreme Court · Jan 19, 1994
  7. United States Vs. Tucker US Supreme Court · Jan 11, 1972
  8. Mullaney Vs. Wilbur US Supreme Court · Jun 09, 1975
  9. Witte v. United
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  10. States - 515 U.S. 389 (1995) October Term, 1994 Syllabus Witte V. United
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  11. against multiple punishments, but the Court of Appeals reversed. Relying on this Court's decision in Williams v. Oklahoma
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  12. the latest crime, which is considered to be an aggravated offense because it is a repetitive one. See, e. g., Gryger v. Burke
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  13. for such conduct. See, e. g., McMillan v. Pennsylvania
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  14. The Court of Appeals for the Fifth Circuit reversed. 25 F.3d 250 (1994). Relying on our decision in Williams v. Oklahoma
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  15. bar the later action. In reaching this result, the court expressly disagreed with contrary holdings in United States v. Koonce
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  16. F.2d 1145 (CAlO 1991), cert. denied, 503 U. S. 994 (1992), and United States v. McCormick
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  17. U. S. 688 , 704 (1993) (citing North Carolina v. Pearce
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  18. Ex parte Lange, 18 Wall. 163, 173 (1874). See also Schiro v. Farley
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  19. by its terms, it protects a criminal defendant from being twice put in jeopardy for such punishment. See Price v. Georgia
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  20. Helvering v. Mitchell
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  21. in the instant indictment are conspiracy to import cocaine and attempted importation of the same. Under Blockburger v. United
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  22. Brown v. Ohio
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  23. U. S. 161 , 165 (1977). See also Ball v. United
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  24. Nichols v. United
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  25. States, 511 U. S. 738 , 747 (1994). We explained in Williams v. New
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  26. Nichols, supra, at 747 (quoting United States v. Tucker
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  27. U. S. 443 , 446 (1972)). See also Wisconsin v. Mitchell
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  28. punishment for criminal activity where that activity has been considered at sentencing for a separate crime. Williams v. Oklahoma
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  29. U. S. 728 , 732 (1948). See also Spencer v. Texas
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  30. Moore v. Missouri
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  31. for such conduct. In McMillan v. Pennsylvania
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  32. Id., at 84 (quoting Patterson v. New
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  33. courts and to make mandatory the consideration of factors that previously would have been optional. United States v. Wright
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  34. See also Burns v. United
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  35. Mistretta v. United
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  36. cf. Mullaney v. Wilbur
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  37. in my refusal to give that jurisprudence stare decisis effect. See Planned Parenthood of Southeastern Pa. v. Casey
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  38. text of the Clause, and from the constant tradition regarding its meaning, as we did six years ago in United States v. Halper
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  39. Department of Revenue of Mont. v. Kurth
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  40. Wisconsin v. Mitchell
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  41. severely than a first offender because he has failed to mend his ways after a first conviction. As we noted in Moore v. Missouri
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  42. it becomes apparent that none of the cases on which the majority relies compels today's novel holding. In Williams v. New
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  43. defendant would not have been placed in jeopardy for that more serious offense.2 The Court also relies on McMillan v. Pennsylvania
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  44. the Court's conclusion in McMillan, that case does not support the majority's position. In United States v. Halper
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  45. U. S. 435 , 448 (1989), and Department of Revenue of Mont. v. Kurth
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  46. beyond a reasonable doubt at a criminal trial. The case on which the Court places its principal reliance, Williams v. Oklahoma
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  47. is not controlling precedent. Williams was decided over 10 years before the Court held in Benton v. Maryland
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  48. at 794. Thus, Williams did not even apply the Double Jeopardy Clause 2The majority's reliance on Nichols v. United
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  49. Ball v. United
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  50. Syllabus Witte V. United
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