Legal Opinion
Frank Mars v. The Honorable Marvin U. Mounts
Court of Appeals for the Eleventh Circuit
Decided March 8, 1990No. 88-6115PublishedCited by 18 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
The state of Florida, the appellant, appeals the district court’s grant of the writ of habeas corpus holding that double jeopardy bars the state from putting the appel-lee on trial for second-degree murder after his acquittal for first-degree murder of the same victim, where the only difference in the charges is the hour the crime allegedly occurred. We affirm.
FACTS
On March 15, 1983, a grand jury indicted Frank Mars, the appellee, for the first-degree murder of Willie Berry. The indictment alleged that the murder occurred “on or about” January 30, 1983. Although Mars…
2Cases cited47 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Wainwright v. SykesSupreme Court of the United States · 1977
- Teague v. LaneSupreme Court of the United States · 1989
- Burks v. United StatesSupreme Court of the United States · 1978
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3Cited by18 opinions
- United States v. Dewey M. HamakerCourt of Appeals for the Eleventh Circuit · 2006
- United States v. AdamsCourt of Appeals for the Eleventh Circuit · 1993
- Charles Jess Palmer v. Harold Clarke, Warden of Nebraska State PenitentiaryCourt of Appeals for the Eighth Circuit · 1992
- United States v. Tovar-RicoCourt of Appeals for the Eleventh Circuit · 1995
- Gonzalez v. Justices of the Municipal Court of BostonCourt of Appeals for the First Circuit · 2004
13 more not listed; retrieve them via the Exa API.