Morris v. Mathews

The question presented in this case is whether a state appellate court provided an adequate remedy for a violation of the Double Jeopardy Clause of the Fifth Amendment, by modifying a jeopardy-barred conviction to that of a lesser included offense that is not jeopardy barred.

I

On February 17,1978, respondent James Michael Mathews and Steven Daugherty robbed the Alexandria Bank in Alexandria, Ohio. After an automobile chase, the police finally surrounded the two men when they stopped at a farmhouse. Soon thereafter, the police heard shots fired inside the house, *239and respondent then emerged from…