Legal Opinion
State v. Fitzpatrick
Supreme Court of Missouri
Decided September 11, 1984No. 65564PublishedCited by 35 opinions
1Opinion of the Court
GUNN, Judge.
Defendant-appellant appeals his conviction for forcible rape, a violation of § 566.-030, RSMo Cum.Supp.1983.
The primary issue on appeal concerns double jeopardy. Defendant was convicted in the case involved in this appeal after his first trial on the same charge ended in a mistrial. The mistrial was granted on defense counsel’s motion, but there is some dispute as to whether defendant agreed with his counsel’s action.
Prior to the second trial, defendant moved to dismiss the information alleging that the second trial was barred by the Double Jeopardy Clause, U.S. Const, amend. V.…
2Cases cited28 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Jones v. BarnesSupreme Court of the United States · 1983
23 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- People v. FergusonNew York Court of Appeals · 1986
- State v. FasseroSupreme Court of Missouri · 2008
- State v. TolliverSupreme Court of Missouri · 1992
- Peiffer v. StateSupreme Court of Missouri · 2002
- State Ex Rel. Kemper v. VincentSupreme Court of Missouri · 2006
30 more not listed; retrieve them via the Exa API.