Legal Opinion

Wade v. Hunter

Supreme Court of the United States

Decided April 25, 1949No. 427PublishedCited by 1,435 opinions

1Opinion of the CourtJustice Black

The Fifth Amendment to the Constitution provides that a person shall not “be twice put in jeopardy of life or limb” for the same offense. The petitioner, now in prison under a court-martial conviction for a serious offense, contends he is entitled to his freedom because another court-martial had previously put him in jeopardy for the same offense. The first court-martial was dissolved by the convening authority before the court reached a decision. The Government contends that the Fifth Amendment’s double-jeopardy provision, if applicable to military courts, did not bar the second…

Also in this document: Dissent.

2Cases cited15 opinions

  1. Palko v. ConnecticutSupreme Court of the United States · 1937
  2. United States v. PerezSupreme Court of the United States · 1824
  3. Logan v. United StatesSupreme Court of the United States · 1892
  4. Kepner v. United StatesSupreme Court of the United States · 1904
  5. Sunal v. LargeSupreme Court of the United States · 1947

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3Cited by1,435 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. Tibbs v. FloridaSupreme Court of the United States · 1982
  4. United States v. JornSupreme Court of the United States · 1971
  5. Arizona v. WashingtonSupreme Court of the United States · 1978

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