Fifth Amendment double jeopardy clause (Pennsylvania) · Go Syfert
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Fifth Amendment double jeopardy clause in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1977–2014 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Ex Parte Langegreen
scotus · 1874 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
2 sentences

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

11
United States v. Jorngreen
scotus · 1971 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
2 sentences

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

11
United States v. Wilsongreen
scotus · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
2 sentences

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

11
Roger Fain v. Ed Duff, Etc.green
ca5 · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
1 sentence

1977Webb v. Court of Common Pleas, 516 F.2d 1034, 1037, 1039-41 (3rd Cir. 1975); Fain v. Duff, 488 F.2d 218, 224 (5th Cir. 1973).

11
United States of America Ex Rel. Keith Webb v. Court of Common Pleas of Philadelphia County, the District Attorney of Philadelphia Countygreen
ca3 · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
1 sentence

1977Webb v. Court of Common Pleas, 516 F.2d 1034, 1037, 1039-41 (3rd Cir. 1975); Fain v. Duff, 488 F.2d 218, 224 (5th Cir. 1973).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Commonwealth v. Johnson green
pasuperct · 1979
2 sentences

2009The Supreme Court’s discussion of that case appeared, in its entirety, as follows: Appellant’s claim that his sentence is violative of the Fifth Amendment double jeopardy clause is based upon the Superior Court’s decision in Commonwealth v. Johnson, 269 Pa.Super. 122 , 409 A.2d 94 (1979).

2009The Supreme Court’s discussion of that case appeared, in its entirety, as follows: Appellant’s claim that his sentence is violative of the Fifth Amendment double jeopardy clause is based upon the Superior Court’s decision in Commonwealth v. Johnson, 269 Pa.Super. 122 , 409 A.2d 94 (1979).

31982–2009
Commonwealth v. Pierce green
pa · 1982
2 sentences

2009We disagree and reject the Superior Court’s ruling in Commonwealth v. Johnson, supra. Pierce, 441 A.2d at 1220 .

1982We disagree and reject the Superior Court’s ruling in Commonwealth v. Johnson, supra. Id. 497 Pa. at 441 , 441 A.2d at 1220 .

21982–2009
Benton v. Maryland green
scotus · 1969
2 sentences

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

1977In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Fifth Amendment double jeopardy clause was made applicable to the states through the Fourteenth Amendment. [4] See United States v. Wilson, 420 U.S. 332, 342-43 , 95 S.Ct. 1013 , 43 L.Ed.2d 232, 241 (1975); United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543, 553 (1971); Ex Parte Lange, 85 U.S. (18 Wall.) 163, 168-73 , 21 L.Ed. 872, 876-78 (1874); United States ex rel.

21977–1984
Commonwealth Ex Rel. Montgomery v. Myers green
pa · 1966
2 sentences

2014In Myers , our Supreme Court observed that the Fifth Amendment double jeopardy clause, which did not apply to states at the time, precluded retrial where the prosecution engaged in “conduct calculated to abort the proceeding in order to avoid an unfavorable verdict.” Myers, 422 Pa. at 187-88 , 220 A.2d at 863-64 .

2014In Myers , our Supreme Court observed that the Fifth Amendment double jeopardy clause, which did not apply to states at the time, precluded retrial where the prosecution engaged in “conduct calculated to abort the proceeding in order to avoid an unfavorable verdict.” Myers, 422 Pa. at 187-88 , 220 A.2d at 863-64 .

12014–2014
Helvering v. Mitchell green
scotus · 1938
2 sentences

1995Helvering v. Mitchell, 303 U.S. 391 , 58 S.Ct. 630 , 82 L.Ed. 917 (1938).

1995Helvering v. Mitchell, 303 U.S. 391 , 58 S.Ct. 630 , 82 L.Ed. 917 (1938).

11995–1995
Brown v. Ohio green
scotus · 1977
2 sentences

1995Also, it has been held that for purposes of the Fifth Amendment Double Jeopardy clause, lesser included and greater included offenses are the "same offense." See Brown v. Ohio, 432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977). .

1995Also, it has been held that for purposes of the Fifth Amendment Double Jeopardy clause, lesser included and greater included offenses are the "same offense." See Brown v. Ohio, 432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977). .

11995–1995
Commonwealth v. Grazier green
pa · 1978
2 sentences

1984Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969); Commonwealth v. Grazier, 481 Pa. 622 , 393 A.2d 335 (1978). .

1984Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969); Commonwealth v. Grazier, 481 Pa. 622 , 393 A.2d 335 (1978). .

11984–1984
Commonwealth v. Nickens green
pasuperct · 1978
2 sentences

1982Based on its prior decision in Commonwealth v. Nickens, 259 Pa.Super. 143 , 393 A.2d 758 (1978), the Superior Court held that revocation of probation after completion of a previous term of imprisonment is authorized by the Sentencing Code and does not violate the Fifth Amendment double jeopardy clause.

1982Based on its prior decision in Commonwealth v. Nickens, 259 Pa.Super. 143 , 393 A.2d 758 (1978), the Superior Court held that revocation of probation after completion of a previous term of imprisonment is authorized by the Sentencing Code and does not violate the Fifth Amendment double jeopardy clause.

11982–1982

Where else courts name it

TX 17 (1985–2009) PA 8 (1977–2014) FL 6 (2007–2024) WA 5 (1997–2014) WI 4 (1978–1989) CO 3 (1987–2019) CA 3 (1997–2003) AL 2 (1986–1994) MO 2 (1974–1987) WV 2 (1979–1979) LA 2 (1996–2020) VA 2 (1999–2004) IN 2 (1975–2007) NJ 2 (1971–1987) IL 2 (1997–1997) DC 2 (1982–2006) KS 2 (1979–1989) MD 2 (1993–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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