Legal Opinion

Baker v. State

Court of Special Appeals of Maryland

Decided March 28, 1972No. 523, 540, September Term, 1971PublishedCited by 35 opinions

September Term, 1971.]

1Opinion of the CourtOrth, J.

Moylan, J., dissents and files dissenting opinion at page 102 infra.

These appeals are concerned with double jeopardy.

I

Article V of the “Articles in Addition to, and in Amendment of, the Constitution of the United States of America” 1 contains a clause providing “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” It took the Supreme Court of the United States 100 years to announce that, contrary to its view prior expressed,2 the double jeopardy clause of the fifth amendment did, after all, directly apply to state criminal prosecutions. The…

2Cases cited44 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. North Carolina v. PearceSupreme Court of the United States · 1969
  4. Ashe v. SwensonSupreme Court of the United States · 1970
  5. Duncan v. LouisianaSupreme Court of the United States · 1968

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3Cited by35 opinions

  1. Stevenson v. StateCourt of Appeals of Maryland · 1980
  2. Stanley v. StateCourt of Special Appeals of Maryland · 1974
  3. Cornish v. StateCourt of Appeals of Maryland · 1974
  4. Neal v. StateCourt of Appeals of Maryland · 1974
  5. Conrad Whitfield v. Warden of the Maryland House of CorrectionCourt of Appeals for the Fourth Circuit · 1973

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

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