Legal Opinion

Alfred C. Sharpton v. Hon. John C. Turner Jr., Albany County Judge Robert Abrams, Attorney General of the State of New York

Court of Appeals for the Second Circuit

Decided May 19, 1992No. 1091, Docket 92-2007PublishedCited by 15 opinions

1Opinion of the Court

JON O. NEWMAN, Circuit Judge:

This appeal raises the recurring issue of whether a second set of criminal charges is sufficiently similar to a prior set of charges to fall within the proscription of the Double Jeopardy Clause. The issue arises on an appeal by Reverend Alfred C. Sharpton from the January 3, 1992, order of the District Court for the Northern District of New York (Howard G. Munson, Judge) denying his petition for a writ of habeas corpus to bar a state prosecution for state tax law violations. We affirm.

Facts

The two sets of charges underlying Sharpton’s double jeopardy claim are…

2Cases cited10 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Pinkerton v. United StatesSupreme Court of the United States · 1946
  3. Grady v. CorbinSupreme Court of the United States · 1990
  4. Illinois v. VitaleSupreme Court of the United States · 1980
  5. United States v. BayerSupreme Court of the United States · 1947

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3Cited by15 opinions

  1. United States v. DixonSupreme Court of the United States · 1993
  2. United States v. Ricou DeshawCourt of Appeals for the Fifth Circuit · 1992
  3. United States v. Giuseppe Gambino, A/K/A "Joe," and Matteo RomanoCourt of Appeals for the Second Circuit · 1992
  4. Terry D. McIntyre v. Myrna TrickeyCourt of Appeals for the Eighth Circuit · 1992
  5. United States v. DixonSupreme Court of the United States · 1993

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