Legal Opinion

Commonwealth v. Brooks

Supreme Court of Pennsylvania

Decided July 6, 1984No. 351PublishedCited by 8 opinions

1Opinion of the Court

ROWLEY, Judge:

This is an appeal from a pre-trial order of the trial court which denied appellant’s motion to quash an information charging him with assault by prisoner, assault by life prisoner and simple assault. Appellant contends that because he was subjected to prison discipline based on the same facts supporting the criminal charges, criminal prosecution is barred by the Double Jeopardy clause of the Federal and State Constitutions. U.S. Const. Amends. V and XIV; Pa. Const. Art. I, § 10. 1 We disagree and affirm the order of the trial court.

The facts are not in dispute. Appellant, an…

2Cases cited23 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Baxter v. PalmigianoSupreme Court of the United States · 1976
  4. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  5. United States v. WardSupreme Court of the United States · 1980

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3Cited by8 opinions

  1. People v. VasquezNew York Court of Appeals · 1997
  2. Commonwealth v. PeerSuperior Court of Pennsylvania · 1996
  3. In Re Adoption of M.J.H.Supreme Court of Pennsylvania · 1985
  4. Commonwealth v. McGeeSupreme Court of Pennsylvania · 2000
  5. Commonwealth v. TourscherSuperior Court of Pennsylvania · 1996

3 more not listed; retrieve them via the Exa API.

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