Legal Opinion

State v. Straw

Court of Criminal Appeals of Tennessee

Decided August 6, 1981PublishedCited by 7 opinions

1Opinion of the Court

WILLIAM H. INMAN, Special Judge.

Appellant was convicted and sentenced by a state court in Massachusetts for commission of the same offense for which he was subsequently convicted and sentenced in Tennessee. The obvious issue presented for review is whether the former prosecution bars the latter under principles of jeopardy. Appellant insists that the requirements of due process and fundamental fairness bar the subsequent conviction; the state insists that the dual sovereignty doctrine still prevails in Tennessee. We agree with the state’s insistence and affirm the judgment.

The appellant was…

2Cases cited2 opinions

  1. Bartkus v. IllinoisSupreme Court of the United States · 1959
  2. Lavon v. StateTennessee Supreme Court · 1979

3Cited by7 opinions

  1. Bailey v. StateCourt of Appeals of Maryland · 1985
  2. Heath v. StateCourt of Criminal Appeals of Alabama · 1983
  3. State v. CarpenterCourt of Criminal Appeals of Tennessee · 2001
  4. State v. WycheCourt of Criminal Appeals of Tennessee · 1995
  5. Bailey v. StateCourt of Appeals of Maryland · 1985

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