Ashe V. Swenson
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Ashe V. Swenson
''Ashe v. Swenson'', 397 U.S. 436 (1970), was a decision by the United States Supreme Court, which held that "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit." The Double Jeopardy Clause prevents a state from relitigating a question already decided in favor of a defendant at a previous trial. Here, the guarantee against double jeopardy enforceable through the Fifth Amendment provided that where the defendant was acquitted of robbing one victim, the government could not prosecute the criminal defendant in a second trial for a different victim in the same robbery. Background After a group of masked robbers committed armed robbery of a poker game in Lee's Summit, Missouri, Bob Fred Ashe was indicted on six separate counts of committing an armed robbery of one of the six players. At trial, a jury returned a general verdict of not guilty "due to insufficient evidenc ...
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Double Jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law. In civil law, a similar concept is that of . Variation in common law countries is the peremptory plea, which may take the specific forms of ('previously acquitted') or ('previously convicted'). These doctrines appear to have originated in ancient Roman law, in the broader principle ('not twice against the same'). Availability as a legal defence If a double-jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries certain exemptions are ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Double Jeopardy Clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: ''" r shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."'' The four essential protections included are prohibitions against, for the same offense: *retrial after an acquittal; *retrial after a conviction; *retrial after certain mistrials; and *multiple punishment Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally. Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment. "Same offense" In ''United Sta ...
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Armed Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the types o ...
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Poker
Poker is a family of comparing card games in which players wager over which hand is best according to that specific game's rules. It is played worldwide, however in some places the rules may vary. While the earliest known form of the game was played with just 20 cards, today it is usually played with a standard deck, although in countries where short packs are common, it may be played with 32, 40 or 48 cards.Parlett (2008), pp. 568–570. Thus poker games vary in deck configuration, the number of cards in play, the number dealt face up or face down, and the number shared by all players, but all have rules that involve one or more rounds of betting. In most modern poker games, the first round of betting begins with one or more of the players making some form of a forced bet (the '' blind'' or ''ante''). In standard poker, each player bets according to the rank they believe their hand is worth as compared to the other players. The action then proceeds clockwise as each play ...
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Lee's Summit, Missouri
Lee's Summit is a city located within the counties of Jackson (primarily) and Cass in the U.S. state of Missouri. It is a suburb of Kansas City, Missouri. As of the 2020 census its population was 101,108, making it the sixth-largest city in both the state and in the Kansas City Metropolitan Area. Origin of name The "Town of Strother" (not to be confused with a town of the same name in Monroe County) was founded by William B. Howard in October 1865. He named it for his wife, Maria D. Strother, the daughter of William D. Strother formerly of Bardstown, Kentucky. Howard came to Jackson County in 1842 from Kentucky, married Maria in 1844, and by 1850 he and Maria had and a homestead five miles (8 km) north of town. Howard was arrested for being a Confederate in October 1862, near the beginning of the Civil War, and after being paroled he took his family back to Kentucky for the duration of the war. After the war ended he returned and, knowing that the Missouri Pacific Railro ...
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Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center into the Mississippi River, which makes up the eastern border. With more than six million residents, it is the List of U.S. states and territories by population, 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Missouri, Kansas City, Springfield, Missouri, Springfield and Columbia, Missouri, Columbia; the Capital city, capital is Jefferson City, Missouri, Jefferson City. Humans have inhabited w ...
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List Of United States Supreme Court Cases, Volume 397
This is a list of all the United States Supreme Court cases from volume 397 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 397 1970 in United States case law ...
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Waller V
Waller may refer to: Places in the United States * Waller, Pennsylvania * Waller, Texas * Waller, Washington * Waller County, Texas People * Waller (surname) * nickname of John Walsh (rugby league), English rugby league footballer in the 1960s and '70s Other uses * Waller baronets, two baronetcies, one in the Baronetage of Ireland and one in the Baronetage of the United Kingdom * Waller, an occupation in open-pan salt making See also * '' Waller v. Florida'', a 1970 United States Supreme Court case * * Wall (other) A wall is a solid structure that provides a barrier or enclosure. Wall, WALL, or The Wall may also refer to: Arts and entertainment Films * ''Wall'' (Original French title: "''Mur''"), a French–Israeli film about the Israeli West Bank barrier ...
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California Law Review
''California Law Review'' (also referred to as ''CLR'') is the journal of the University of California, Berkeley, School of Law. It was established in 1912. The application process consists of an anonymous write-on competition, with grades playing no role in the consideration of membership. A personal statement is also considered. ''CLR'' is ranked third and fifth among United States law journals in studies conducted by Washington & Lee University and the University of Oregon, respectively. History ''California Law Review'' was the first student-run law review in the Western United States. It is the ninth-oldest surviving law review published in the United States. A companion volume, the ''California Law Review Online'', was launched in 2014, followed by a podcast in 2021. These publications feature shorter articles, essays, blogs, and audio content. Notable alumni Past editors and contributors have included * Chief Justice Roger J. Traynor (former editor-in-chief), * Justic ...
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United States Supreme Court Decisions That Overrule A Prior Supreme Court Decision
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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