Legal Opinion
Peter J. Kennedy v. Odie Washington, Warden, Dixon Correctional Center
Court of Appeals for the Seventh Circuit
Decided March 31, 1993No. 91-3517PublishedCited by 12 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Once the jury in a criminal trial is sworn, the defendant’s right under the double jeopardy clause not to be prosecuted a second or subsequent time for the same crime attaches, and only if there is error in the first trial can that right be made to yield to the government’s interest in convicting the guilty. Peter Kennedy has been put on trial for murder three times for a vehicular homicide that he committed in 1983. The third trial resulted (as had the first) in a conviction of murder and a 20-year sentence. After exhausting his state remedies in People v. Kennedy, 204…
2Cases cited17 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Montana v. United StatesSupreme Court of the United States · 1979
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. PowellSupreme Court of the United States · 1984
- Dowling v. United StatesSupreme Court of the United States · 1990
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. HamCourt of Appeals for the Fourth Circuit · 1995
- United States v. Isaac FeldmanCourt of Appeals for the Eleventh Circuit · 2019
- Terrence Boyd v. Larry R. Meachum, Commissioner of CorrectionCourt of Appeals for the Second Circuit · 1996
- People v. WilsonAppellate Court of Illinois · 1993
- State v. KentWest Virginia Supreme Court · 2009
7 more not listed; retrieve them via the Exa API.