Legal Opinion
Roger Fain v. Ed Duff, Etc.
Court of Appeals for the Fifth Circuit
Decided March 1, 1974No. 73-1933PublishedCited by 81 opinions
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
Sixteen-year-old Roger Fain was arrested November 12, 1970, in Volusia County, Florida, for breaking into the home of a woman and raping her. Eleven days later Fain was adjudged delinquent by a juvenile court. Nine days after the juvenile proceedings, a grand jury returned an indictment charging Fain with the criminal offense of rape. After the state courts of Florida rejected Fain’s argument that prosecution of him for rape would violate the former jeopardy clause of the Fifth Amendment to the Constitution, Fain obtained a writ of habeas corpus from the United…
2Cases cited20 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Ex Parte McCardleSupreme Court of the United States · 1869
15 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Breed v. JonesSupreme Court of the United States · 1975
- Albert Moore v. John Deyoung, Warden, Passaic County Jail, and Frank Davenport, SheriffCourt of Appeals for the Third Circuit · 1975
- Commonwealth v. BoldenSupreme Court of Pennsylvania · 1977
- United States v. Cecil Dwayne Evans, Arnold Gene Tate, and Charles Edward Gent, Jr.Court of Appeals for the Fifth Circuit · 1978
- James Capps v. George SullivanCourt of Appeals for the Tenth Circuit · 1993
76 more not listed; retrieve them via the Exa API.