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6 California opinions name it 3 courts 1976–2020 0 in the last five years
The cases below were cited by California 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Lanzagreen2 sentences2017DISCUSSION I "The Double Jeopardy Clause of the Fifth Amendment prohibits more than one prosecution for the 'same offence.' But under what is known as the dual-sovereignty doctrine, a single act gives rise to distinct offenses-and thus may subject a person to successive prosecutions-if it violates the laws of separate sovereigns." ( *641 Puerto Rico v. Sanchez Valle (2016) 579 U.S. ----, 136 S.Ct. 1863 , 1867, 195 L.Ed.2d 179 .) The Supreme Court promulgated the doctrine in United States v. Lanza (1922) 260 U.S. 377 , 382, 43 S.Ct. 141 , 67 L.Ed. 314 , which held that a prior state conviction, 2017DISCUSSION I "The Double Jeopardy Clause of the Fifth Amendment prohibits more than one prosecution for the 'same offence.' But under what is known as the dual-sovereignty doctrine, a single act gives rise to distinct offenses-and thus may subject a person to successive prosecutions-if it violates the laws of separate sovereigns." ( *641 Puerto Rico v. Sanchez Valle (2016) 579 U.S. ----, 136 S.Ct. 1863 , 1867, 195 L.Ed.2d 179 .) The Supreme Court promulgated the doctrine in United States v. Lanza (1922) 260 U.S. 377 , 382, 43 S.Ct. 141 , 67 L.Ed. 314 , which held that a prior state conviction, | 1 | 3 |
Abbate v. United Statesgreen2 sentences2017Over vigorous dissents, this rule was affirmed in Abbate v. United States (1959) 359 U.S. 187 , 79 S.Ct. 666 , 3 L.Ed.2d 729 and its companion case, Bartkus v. Illinois (1959) 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 ( Bartkus ), the latter upholding a state conviction after the defendant's acquittal in federal court for the *499 same offense. 2017Over vigorous dissents, this rule was affirmed in Abbate v. United States (1959) 359 U.S. 187 , 79 S.Ct. 666 , 3 L.Ed.2d 729 and its companion case, Bartkus v. Illinois (1959) 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 ( Bartkus ), the latter upholding a state conviction after the defendant's acquittal in federal court for the *499 same offense. | 1 | 3 |
Bartkus v. Illinoisgreen2 sentences2017Over vigorous dissents, this rule was affirmed in Abbate v. United States (1959) 359 U.S. 187 , 79 S.Ct. 666 , 3 L.Ed.2d 729 and its companion case, Bartkus v. Illinois (1959) 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 ( Bartkus ), the latter upholding a state conviction after the defendant's acquittal in federal court for the *499 same offense. 2017Over vigorous dissents, this rule was affirmed in Abbate v. United States (1959) 359 U.S. 187 , 79 S.Ct. 666 , 3 L.Ed.2d 729 and its companion case, Bartkus v. Illinois (1959) 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 ( Bartkus ), the latter upholding a state conviction after the defendant's acquittal in federal court for the *499 same offense. | 1 | 3 |
Gamble v. United Statesgreen2 sentences2020(See Gamble v. United States (2019) __ U.S. __, ___[ 139 S.Ct. 1960, 1964 ] (Gamble) [“Under this ‘dual-sovereignty’ doctrine, a State may prosecute a defendant under state law even if the Federal Government has prosecuted him for the same conduct under a federal statute”].) Specifically, defendant emphasizes that the high court left open the possibility that double jeopardy principles may ban a successive state prosecution that serves as a “sham and a cover” for the federal prosecution. 2020Even assuming that the dual sovereignty doctrine applies in the Sixth Amendment context (see U.S. v. Coker (1st Cir. 2005) 433 F.3d 39, 45 ), and further, that the sham prosecution serves as a “potential exception” to this doctrine (Gamble, supra, 139 S.Ct. at p. 1994, fn. 3 (dis. opn. of Ginsburg, J.)), we conclude defendant’s claim lacks merit. | 1 | 1 |
Heath v. Alabamagreen2 sentences2009First, it has always been understood that the several states are independent sovereigns possessing inherent police power to criminally punish conduct inimical to the public welfare, even when that same conduct is also prohibited under federal law. 2 “The Constitution leaves in the possession of *545 each State ‘certain exclusive and very important portions of sovereign power.’ ” (Heath v. Alabama (1985) 474 U.S. 82, 93 [ 88 L.Ed.2d 387 , 106 S.Ct. 433 ], quoting Hamilton, The Federalist No. 9 (Cooke ed. 1961) p. 55.) “Foremost among the prerogatives of sovereignty is the power to create and en 2009First, it has always been understood that the several states are independent sovereigns possessing inherent police power to criminally punish conduct inimical to the public welfare, even when that same conduct is also prohibited under federal law. 2 “The Constitution leaves in the possession of *545 each State ‘certain exclusive and very important portions of sovereign power.’ ” (Heath v. Alabama (1985) 474 U.S. 82, 93 [ 88 L.Ed.2d 387 , 106 S.Ct. 433 ], quoting Hamilton, The Federalist No. 9 (Cooke ed. 1961) p. 55.) “Foremost among the prerogatives of sovereignty is the power to create and en | 1 | 1 |
Halliday v. United Statesgreen2 sentences1976(Robinson v. Neil (1973) 409 U.S. 505, 507 [ 35 L.Ed.2d 29, 32 , 93 S.Ct. 876 ].) The criteria are “(1) the purpose of the new rule; (2) the extent of reliance upon the old rule; and (3) the effect retroactive application would have upon the administration of justice.” (Halliday v. United States (1969) 394 U.S. 831, 832 [ 23 L.Ed.2d 16, 19 , 89 S.Ct. 1498 ].) The court has recognized, however, that these criteria do not lend themselves to analysis of cases involving the prohibition against double jeopardy. {Robinson v. Neil, supra, 409 U.S. 505, 507-508 [ 35 L.Ed.2d 29, 32-33 ].) Robinson gave 1976(Robinson v. Neil (1973) 409 U.S. 505, 507 [ 35 L.Ed.2d 29, 32 , 93 S.Ct. 876 ].) The criteria are “(1) the purpose of the new rule; (2) the extent of reliance upon the old rule; and (3) the effect retroactive application would have upon the administration of justice.” (Halliday v. United States (1969) 394 U.S. 831, 832 [ 23 L.Ed.2d 16, 19 , 89 S.Ct. 1498 ].) The court has recognized, however, that these criteria do not lend themselves to analysis of cases involving the prohibition against double jeopardy. {Robinson v. Neil, supra, 409 U.S. 505, 507-508 [ 35 L.Ed.2d 29, 32-33 ].) Robinson gave | 1 | 1 |
Robinson v. Neilgreen2 sentences1976(Robinson v. Neil (1973) 409 U.S. 505, 507 [ 35 L.Ed.2d 29, 32 , 93 S.Ct. 876 ].) The criteria are “(1) the purpose of the new rule; (2) the extent of reliance upon the old rule; and (3) the effect retroactive application would have upon the administration of justice.” (Halliday v. United States (1969) 394 U.S. 831, 832 [ 23 L.Ed.2d 16, 19 , 89 S.Ct. 1498 ].) The court has recognized, however, that these criteria do not lend themselves to analysis of cases involving the prohibition against double jeopardy. {Robinson v. Neil, supra, 409 U.S. 505, 507-508 [ 35 L.Ed.2d 29, 32-33 ].) Robinson gave 1976(Robinson v. Neil (1973) 409 U.S. 505, 507 [ 35 L.Ed.2d 29, 32 , 93 S.Ct. 876 ].) The criteria are “(1) the purpose of the new rule; (2) the extent of reliance upon the old rule; and (3) the effect retroactive application would have upon the administration of justice.” (Halliday v. United States (1969) 394 U.S. 831, 832 [ 23 L.Ed.2d 16, 19 , 89 S.Ct. 1498 ].) The court has recognized, however, that these criteria do not lend themselves to analysis of cases involving the prohibition against double jeopardy. {Robinson v. Neil, supra, 409 U.S. 505, 507-508 [ 35 L.Ed.2d 29, 32-33 ].) Robinson gave | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Dixon
green
2 sentences2017These federal crimes do not constitute the "same offense" as human trafficking charges under the Blockburger test, and consequently defendants are not entitled to Fifth Amendment double jeopardy protection. 8 (See Dixon , supra , 509 U.S. at p. 696 , 113 S.Ct. 2849 .) All of defendants' contentions regarding the dual-sovereignty doctrine and the "sham separate sovereign" exception are moot in light of this conclusion. 9 II In addition to their double jeopardy and dual-sovereignty claims, defendants make several related constitutional and statutory arguments. 2017These federal crimes do not constitute the "same offense" as human trafficking charges under the Blockburger test, and consequently defendants are not entitled to Fifth Amendment double jeopardy protection. 8 (See Dixon , supra , 509 U.S. at p. 696 , 113 S.Ct. 2849 .) All of defendants' contentions regarding the dual-sovereignty doctrine and the "sham separate sovereign" exception are moot in light of this conclusion. 9 II In addition to their double jeopardy and dual-sovereignty claims, defendants make several related constitutional and statutory arguments. | 2 | 2017–2017 |
Puerto Rico v. Sanchez Valle
green
2 sentences2017DISCUSSION I "The Double Jeopardy Clause of the Fifth Amendment prohibits more than one prosecution for the 'same offence.' But under what is known as the dual-sovereignty doctrine, a single act gives rise to distinct offenses-and thus may subject a person to successive prosecutions-if it violates the laws of separate sovereigns." ( *641 Puerto Rico v. Sanchez Valle (2016) 579 U.S. ----, 136 S.Ct. 1863 , 1867, 195 L.Ed.2d 179 .) The Supreme Court promulgated the doctrine in United States v. Lanza (1922) 260 U.S. 377 , 382, 43 S.Ct. 141 , 67 L.Ed. 314 , which held that a prior state conviction, 2017DISCUSSION I "The Double Jeopardy Clause of the Fifth Amendment prohibits more than one prosecution for the 'same offence.' But under what is known as the dual-sovereignty doctrine, a single act gives rise to distinct offenses-and thus may subject a person to successive prosecutions-if it violates the laws of separate sovereigns." ( *641 Puerto Rico v. Sanchez Valle (2016) 579 U.S. ----, 136 S.Ct. 1863 , 1867, 195 L.Ed.2d 179 .) The Supreme Court promulgated the doctrine in United States v. Lanza (1922) 260 U.S. 377 , 382, 43 S.Ct. 141 , 67 L.Ed. 314 , which held that a prior state conviction, | 2 | 2017–2017 |
United States v. Coker
green
1 sentence2020Even assuming that the dual sovereignty doctrine applies in the Sixth Amendment context (see U.S. v. Coker (1st Cir. 2005) 433 F.3d 39, 45 ), and further, that the sham prosecution serves as a “potential exception” to this doctrine (Gamble, supra, 139 S.Ct. at p. 1994, fn. 3 (dis. opn. of Ginsburg, J.)), we conclude defendant’s claim lacks merit. | 1 | 2020–2020 |
Lafler v. Cooper
green
2 sentences2017They cite a dissent by Justice Scalia in Lafler , supra , at pages 175 to 177, 132 S.Ct. 1376 , in which he cautioned that the decision "opens a whole new field of constitutionalized criminal procedure: plea-bargaining law." ( Id . at p. 175, 132 S.Ct. 1376 .) Defendants rely on this statement for the proposition that plea bargains should be exempted from the dual-sovereignty rule. 2017They cite a dissent by Justice Scalia in Lafler , supra , at pages 175 to 177, 132 S.Ct. 1376 , in which he cautioned that the decision "opens a whole new field of constitutionalized criminal procedure: plea-bargaining law." ( Id . at p. 175, 132 S.Ct. 1376 .) Defendants rely on this statement for the proposition that plea bargains should be exempted from the dual-sovereignty rule. | 1 | 2017–2017 |
Grady v. Corbin
red
2 sentences2017Although the Supreme Court had adopted a conduct-based approach in Grady v. Corbin (1990) 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 , that decision was overruled three years later in Dixon , supra , 509 U.S. at page 704 , 113 S.Ct. 2849 . 2017Although the Supreme Court had adopted a conduct-based approach in Grady v. Corbin (1990) 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 , that decision was overruled three years later in Dixon , supra , 509 U.S. at page 704 , 113 S.Ct. 2849 . | 1 | 2017–2017 |
Waller v. Florida
green
2 sentences1976(Robinson v. Neil (1973) 409 U.S. 505, 507 [ 35 L.Ed.2d 29, 32 , 93 S.Ct. 876 ].) The criteria are “(1) the purpose of the new rule; (2) the extent of reliance upon the old rule; and (3) the effect retroactive application would have upon the administration of justice.” (Halliday v. United States (1969) 394 U.S. 831, 832 [ 23 L.Ed.2d 16, 19 , 89 S.Ct. 1498 ].) The court has recognized, however, that these criteria do not lend themselves to analysis of cases involving the prohibition against double jeopardy. {Robinson v. Neil, supra, 409 U.S. 505, 507-508 [ 35 L.Ed.2d 29, 32-33 ].) Robinson gave 1976(Robinson v. Neil (1973) 409 U.S. 505, 507 [ 35 L.Ed.2d 29, 32 , 93 S.Ct. 876 ].) The criteria are “(1) the purpose of the new rule; (2) the extent of reliance upon the old rule; and (3) the effect retroactive application would have upon the administration of justice.” (Halliday v. United States (1969) 394 U.S. 831, 832 [ 23 L.Ed.2d 16, 19 , 89 S.Ct. 1498 ].) The court has recognized, however, that these criteria do not lend themselves to analysis of cases involving the prohibition against double jeopardy. {Robinson v. Neil, supra, 409 U.S. 505, 507-508 [ 35 L.Ed.2d 29, 32-33 ].) Robinson gave | 1 | 1976–1976 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.