Legal Opinion
Smith v. United States
District of Columbia Court of Appeals
Decided December 3, 2009No. 07-CO-303PublishedCited by 21 opinions
1Opinion of the Court
NEWMAN, Senior Judge:
Smith challenges his resentencing for manslaughter while armed as violative of the double jeopardy clause. Because we find the court increased Smith’s sentence in which he had an expectation of finality, we remand with instructions to the court to reinstate the earlier sentence. In so doing, we recognize that the jurisprudential basis of our previous rulings construing Superior Court Rule of Criminal Procedure 35(b) as “jurisdictional” has been “substantially undermined” by subsequent cases of the Supreme Court, and we choose to hold as a matter of District of Columbia…
2Cases cited18 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Bowles v. RussellSupreme Court of the United States · 2007
- Murphy v. HuntSupreme Court of the United States · 1982
- M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
- Eberhart v. United StatesSupreme Court of the United States · 2005
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mathis v. District of Columbia Housing AuthorityDistrict of Columbia Court of Appeals · 2015
- Emanuel Jenkins and Azariah Israel v. United StatesDistrict of Columbia Court of Appeals · 2013
- KRISHNA PATRICK MUIR v. DISTRICT OF COLUMBIADistrict of Columbia Court of Appeals · 2016
- Gatewood v. District of Columbia Water & Sewer AuthorityDistrict of Columbia Court of Appeals · 2013
- Neill v. District of Columbia Public Employee Relations BoardDistrict of Columbia Court of Appeals · 2014
16 more not listed; retrieve them via the Exa API.