For Your Data Heath V. Alabama Instance Brief
August 18, 2020
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Heath v. Alabama representative brief summary
474 U.S. 82 (1985)
CASE FACTS
Petitioner hired 2 men to kill his wife. They kidnapped petitioner's married adult woman from her dwelling family inwards Alabama as well as drove a brusk distance to Georgia where they killed her. Petitioner was charged amongst murder inwards Georgia as well as pled guilty. He was sentenced to life imprisonment. Alabama charged petitioner amongst murder during kidnapping, as well as he was tried, convicted, as well as sentenced to expiry despite his protests of double jeopardy. After exhausting his nation appeals, petitioner filed a petition for writ of certiorari raising double peril claims, exactly no due procedure objections were asserted.
DISCUSSION
CONCLUSION
The Court affirmed the judgment of the appellate court, which applied the dual sovereignty doctrine as well as held that prosecutions nether the laws of form sovereigns did not, for double peril purposes, improperly champaign of report an defendant twice to prosecutions for the same offense.
Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure
474 U.S. 82 (1985)
CASE SYNOPSIS
Petitioner challenged a judgment of the Supreme Court of Alabama, which affirmed petitioner's conviction for kidnapping as well as murder.CASE FACTS
Petitioner hired 2 men to kill his wife. They kidnapped petitioner's married adult woman from her dwelling family inwards Alabama as well as drove a brusk distance to Georgia where they killed her. Petitioner was charged amongst murder inwards Georgia as well as pled guilty. He was sentenced to life imprisonment. Alabama charged petitioner amongst murder during kidnapping, as well as he was tried, convicted, as well as sentenced to expiry despite his protests of double jeopardy. After exhausting his nation appeals, petitioner filed a petition for writ of certiorari raising double peril claims, exactly no due procedure objections were asserted.
DISCUSSION
- The Court granted certiorari express to the enquiry whether petitioner's Alabama conviction was barred past times the double peril clause of the U.S. Constitutional Amendment V.
- The Court held that a unmarried deed constituted an criminal offense against each sovereign whose laws are violated past times that deed and, accordingly, each nation was permitted to prosecute.
- The judgment of the appellate court, which affirmed the conviction, was affirmed.
CONCLUSION
The Court affirmed the judgment of the appellate court, which applied the dual sovereignty doctrine as well as held that prosecutions nether the laws of form sovereigns did not, for double peril purposes, improperly champaign of report an defendant twice to prosecutions for the same offense.
Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure