Legal Opinion
Howard James Klobuchir v. Commonwealth of Pennsylvania and the District Attorney of Allegheny County, Pennsylvania
Court of Appeals for the Third Circuit
Decided March 23, 1981No. 80-1925PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge.
This appeal requires us to decide whether the double jeopardy clause of the Constitution1 bars Pennsylvania from retrying Klobuchir on his original first degree murder indictment after the state court had vacated his plea-bargained conviction for third degree murder. We hold that double jeopardy does not bar Klobuchir’s retrial.
*968I.
Howard James Klobuchir allegedly fired a gun into a parked car on August 21, 1975 killing Richard Bates. Klobuchir’s estranged wife Bertha was in the car at the time of the shooting. On October 20, 1975, Klobuchir was indicted…
2Cases cited30 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
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3Cited by25 opinions
- Clifton Fransaw v. James A. Lynaugh, Interim Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
- Myers v. FrazierWest Virginia Supreme Court · 1984
- United States v. Everett, GeorgeCourt of Appeals for the Third Circuit · 1983
- United States v. DickensCourt of Appeals for the Third Circuit · 1982
- United States v. Carlos Rodriguez CruzCourt of Appeals for the First Circuit · 1983
20 more not listed; retrieve them via the Exa API.