Legal Opinion
State v. Tolbert
Ohio Supreme Court
Decided June 5, 1991No. 90-666PublishedCited by 40 opinions
1Opinion of the CourtHolmes, J.
The single issue presented is whether Tolbert’s conviction on the lesser included offense prevents the state from later prosecuting him on the greater offense because of the protection against double jeopardy of the Fifth Amendment to the United States Constitution. For the reasons that follow, we answer such query in the negative.
In Benton v. Maryland (1969), 395 U.S. 784, 794, the United States Supreme Court held that the Fifth Amendment guarantee against double jeopardy* 2 is enforceable against the states through the Fourteenth Amendment to the United States Constitution. Therefore, we…
2Cases cited8 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Ashe v. SwensonSupreme Court of the United States · 1970
- Benton v. MarylandSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Grady v. CorbinSupreme Court of the United States · 1990
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3Cited by40 opinions
- State v. BrownOhio Supreme Court · 2008
- State v. GustafsonOhio Supreme Court · 1996
- State v. CarterOhio Supreme Court · 1992
- State v. ClellandOhio Court of Appeals · 1992
- State v. SemenchukOhio Court of Appeals · 1997
35 more not listed; retrieve them via the Exa API.