Legal Opinion
Gillespie, James v. Ryan, Joseph (Superintendent) the Attorney General of the State of Pennsylvania
Court of Appeals for the Third Circuit
Decided March 7, 1988No. 87-5267PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Chief Judge:
James Gillespie appeals from the district court’s denial of his petition for a writ of habeas corpus. This court granted a petition for a certificate of probable cause and therefore has jurisdiction pursuant to 28 U.S.C. § 2253 (1982). We hold that the double jeopardy clause of the federal constitution was not violated by sentencing Gillespie for both felony murder and the underlying felony. Accordingly, we will affirm.
I
On October 9, 1969, James Gillespie robbed a gas station, took the attendant to an isolated area, and shot him to death. On June 28,…
2Cases cited20 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Rose v. LundySupreme Court of the United States · 1982
- Griffith v. KentuckySupreme Court of the United States · 1987
- Missouri v. HunterSupreme Court of the United States · 1983
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3Cited by10 opinions
- State v. GrecoSupreme Court of Connecticut · 1990
- Todd v. StateCourt of Appeals of Alaska · 1995
- United States v. AguilarCourt of Appeals for the Third Circuit · 1988
- Sutton v. BlackwellDistrict Court, D. New Jersey · 2004
- United States v. ConleyDistrict Court, W.D. Pennsylvania · 1993
5 more not listed; retrieve them via the Exa API.