Legal Opinion

State v. Tise

Supreme Judicial Court of Maine

Decided November 16, 1971PublishedCited by 13 opinions

1Opinion of the Court

WEATHERBEE, Justice.

The sole issue presented by this appeal is whether an administrative punishment imposed for an escape upon a prisoner in a county jail is a constitutional bar to subsequent prosecution for the same escape. We hold that it is not.

On May 4, 1970, Defendant escaped from Kennebec County Jail where he was being lawfully detained. He was apprehended, returned to the jail on May 5, 1970 and locked in a cell in solitary confinement on the order of the Sheriff who said to him (according to Defendant’s affidavit executed 24 days later), ‘“You are locked up for escape. You have to be…

2Cases cited17 opinions

  1. Lloyd Mullican and Kenneth Eugene Shores v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  2. State v. SlorahSupreme Judicial Court of Maine · 1919
  3. Pagliaro v. CoxCourt of Appeals for the Eighth Circuit · 1944
  4. Patterson v. United States. Kimball v. United StatesCourt of Appeals for the Fourth Circuit · 1950
  5. United States v. Rick Allen ApkerCourt of Appeals for the Ninth Circuit · 1969

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Avant v. CliffordSupreme Court of New Jersey · 1975
  2. State v. KjeldahlSupreme Court of Minnesota · 1979
  3. Commonwealth v. SneedMassachusetts Appeals Court · 1975
  4. State v. ProcterOhio Court of Appeals · 1977
  5. State v. WeekleySouth Dakota Supreme Court · 1976

8 more not listed; retrieve them via the Exa API.

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