Legal Opinion
Bretz v. Crist
Court of Appeals for the Ninth Circuit
Decided November 18, 1976No. Nos. 76-1572 and 76-1169PublishedCited by 29 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
The tension between federalism and the doctrine of selective incorporation of Bill of Rights guarantees via the Fourteenth Amendment inevitably generates appeals such as this. Appellants contend that a second prosecution brought against them by • the State of Montana violated the double jeopardy clause of the Fifth Amendment as applied to the states through the due process clause of the Fourteenth Amendment. In denying their petition for habeas corpus, following conviction at the second trial, the United States District Court for the District of Montana agreed with the…
2Cases cited70 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- North Carolina v. PearceSupreme Court of the United States · 1969
- Pointer v. TexasSupreme Court of the United States · 1965
- Ashe v. SwensonSupreme Court of the United States · 1970
- Stone v. PowellSupreme Court of the United States · 1976
65 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, SheriffCourt of Appeals for the Fifth Circuit · 1977
- Douglas v. United StatesDistrict of Columbia Court of Appeals · 1985
- Cardine v. CommonwealthKentucky Supreme Court · 2009
- Lavell Frierson v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2006
- People v. MoonIllinois Supreme Court · 2022
24 more not listed; retrieve them via the Exa API.