Legal Opinion

United States ex rel. Bland v. Nenna

District Court, S.D. New York

Decided March 29, 1968No. Nos. 68 Civ. 340, 68 Civ. 353PublishedCited by 7 opinions

1Opinion of the Court

*755MEMORANDUM

FRANKEL, District Judge.

The two petitioners for habeas corpus are codefendants in a pending state indictment. They both assert the same claim, arising from the same circumstances : that the trial the State is about to commence would subject them to double jeopardy, violating the due process guaranteed them by the Fourteenth Amendment. Thus, the applications are appropriate for decision in a single opinion.

I

The pertinent facts, essentially undisputed, are these: On June 24, 1966, petitioners were indicted in several counts for robbery, grand larceny, assault, and possession of a…

2Cases cited31 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  3. Palko v. ConnecticutSupreme Court of the United States · 1937
  4. United States v. PerezSupreme Court of the United States · 1824
  5. Jones v. CunninghamSupreme Court of the United States · 1963

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3Cited by7 opinions

  1. James Mizell v. The Attorney General of the State of New York and Ano.Court of Appeals for the Second Circuit · 1978
  2. Mizell v. Attorney General of State of NYDistrict Court, E.D. New York · 1977
  3. United States ex rel. Bland v. NennaCourt of Appeals for the Second Circuit · 1968
  4. Lopez ex rel. Garcia v. CurryDistrict Court, S.D. New York · 1978
  5. James Mizell v. The Attorney General of the State of New York and Ano.Court of Appeals for the Second Circuit · 1978

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