Legal Opinion

United States v. Thomas A. Larkin

Court of Appeals for the Fifth Circuit

Decided November 5, 1979No. 78-2124PublishedCited by 72 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

This case involving the arcane principles of double jeopardy and collateral estoppel is not susceptible of bright-letter law or black-letter law; the areas are most often gray, and dimly to be seen. Needless to say, one entering this field must do so with trepidation.

As a result, the battles in these areas are pockmarked by assaults, retreats, and advances. In both fields we look for terrain that has been fought over, and cast our eyes about for tactical maneuvers in order to discover some grand design which really and in fact can fit the particular case before us for…

2Cases cited23 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. Benton v. MarylandSupreme Court of the United States · 1969
  4. Brown v. OhioSupreme Court of the United States · 1977
  5. Green v. United StatesSupreme Court of the United States · 1957

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

3Cited by72 opinions

  1. Richardson v. StateIndiana Supreme Court · 1999
  2. Yeager v. United StatesSupreme Court of the United States · 2009
  3. York v. StateCourt of Criminal Appeals of Texas · 2011
  4. State v. LowUtah Supreme Court · 2008
  5. David Ross Delap, Sr. v. Richard L. Dugger, Secretary, Department of Corrections, State of FloridaCourt of Appeals for the Eleventh Circuit · 1989

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

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