Legal Opinion

State v. Griffin

Court of Appeals of North Carolina

Decided April 21, 1981No. 8021SC1135PublishedCited by 4 opinions

1Opinion of the Court

WEBB, Judge.

The Fifth Amendment to the Constitution of the United States provides in part:

“[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb. ...”

The United States Supreme Court has held that if a person has pled guilty to a crime and is later charged with another crime, the proof of which would prove all the elements of the crime to which he has previously pled guilty, he has then been tried twice for the first crime. This is proscribed by the double j eopardy clause of the Fifth Amendment. See Illinois v. Vitale, _U.S.___, 100 S. Ct. 2260, 65…

2Cases cited2 opinions

  1. Illinois v. VitaleSupreme Court of the United States · 1980
  2. State v. MeadowsSupreme Court of North Carolina · 1968

3Cited by4 opinions

  1. State v. HamrickCourt of Appeals of North Carolina · 1993
  2. State v. HudsonCourt of Appeals of North Carolina · 1996
  3. State v. LackeyCourt of Appeals of North Carolina · 1984
  4. State v. LackeyCourt of Appeals of North Carolina · 1984

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