Legal Opinion
Vaughn Parrish Hawk v. Harry Berkemer, Sheriff
Court of Appeals for the Sixth Circuit
Decided December 12, 1979No. 18-2000PublishedCited by 40 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
In this habeas corpus case, we hold that double jeopardy principles do not prohibit reprosecution on a higher offense after a state appellate court has reversed a plea-bargained conviction on a lesser included offense.
I
Petitioner, Hawk, was indicted in Ohio in 1975. Counts I and II charged aggravated murder; Count III charged attempted murder; Count IV charged aggravated burglary; these crimes are in violation of Ohio Rev.Code 2903.01(A) and (B), 2903.02 and 2923.11, respectively.
Hawk and the prosecutor entered into a plea bargain. Hawk entered a plea of guilty to…
2Cases cited21 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Green v. United StatesSupreme Court of the United States · 1957
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- United States v. JornSupreme Court of the United States · 1971
- United States v. ScottSupreme Court of the United States · 1978
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- State v. PostOhio Supreme Court · 1987
- Raymond Pandelli v. United StatesCourt of Appeals for the Sixth Circuit · 1980
- Clifton Fransaw v. James A. Lynaugh, Interim Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
- Myers v. FrazierWest Virginia Supreme Court · 1984
- United States v. Carlos Rodriguez CruzCourt of Appeals for the First Circuit · 1983
35 more not listed; retrieve them via the Exa API.