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United States v. Tateo, 377 U.S. 463 (1964)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Tateo, 377 U.S. 463 (1964)
United States v. Tateo No. 328 Argued April 20, 1964 Decided June 8, 1964 377 U.S. 463
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
Respondent, when informed during trial of the trial judge’s expressed intention, if the jury found him guilty, to impose a life sentence on a kidnaping charge and consecutive sentences on other felony charges, pleaded guilty, whereupon the jury was discharged, the kidnaping count dismissed, and sentence imposed on the remaining counts. In a subsequent proceeding under 28 U.S.C. § 2255, another district judge, doubting that respondent’s guilty plea was voluntary, set aside the conviction and granted a new trial. A third trial judge dismissed all charges, holding that reprosecution was barred by the Double Jeopardy Clause of the Fifth Amendment.
Held: Retrial of a defendant whose conviction is set aside on collateral attack for error in the proceedings leading to conviction is not barred for double jeopardy. United States v. Ball, 163 U.S. 662, followed; Downum v. United States, 372 U.S. 734, distinguished. Pp. 463-468.
216 F. Supp. 850, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Tateo, 377 U.S. 463 (1964) in 377 U.S. 463 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=EPT2SFT4GHQQHJG.
MLA: U.S. Supreme Court. "Syllabus." United States v. Tateo, 377 U.S. 463 (1964), in 377 U.S. 463, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EPT2SFT4GHQQHJG.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Tateo, 377 U.S. 463 (1964). cited in 1964, 377 U.S. 463. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=EPT2SFT4GHQQHJG.
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