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Waller v. Florida, 397 U.S. 387 (1970)
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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.
Waller v. Florida, 397 U.S. 387 (1970)
Waller v. Florida No. 24 Argued November 13, 1969 Decided April 6, 1970 397 U.S. 387
CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA,
SECOND DISTRICT
Syllabus
Petitioner was convicted by the St. Petersburg municipal court of violating two ordinances, destruction of city property and disorderly breach of the peace, and sentenced to 180 days in jail. Thereafter, an information, concededly based on the same acts that led to the previous convictions, was filed by the State of Florida charging petitioner with grand larceny. The State Supreme Court denied a writ of prohibition to prevent the second trial on petitioner’s claim of double jeopardy. Petitioner was tried and convicted of grand larceny. The District Court of Appeal, holding that there would be no bar to the prosecution in the state court. "even if a person has been tried in a municipal court for the identical offense with which he is charged in a state court," affirmed the grand larceny conviction.
Held: The State of Florida and is municipalities are not separate sovereign entities each entitled to impose punishment for the same alleged crime, as the judicial power of the municipal courts and the state courts of general jurisdiction springs from the same organic law, and the District Court of Appeal erred in holding that a second trial in a state court for the identical offense for which a person was tried in a municipal court did not constitute double jeopardy. Pp. 390-395.
213 So.2d 623, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Waller v. Florida, 397 U.S. 387 (1970) in 397 U.S. 387 397 U.S. 388. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UULHVJD9TRQJ9F4.
MLA: U.S. Supreme Court. "Syllabus." Waller v. Florida, 397 U.S. 387 (1970), in 397 U.S. 387, page 397 U.S. 388. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UULHVJD9TRQJ9F4.
Harvard: U.S. Supreme Court, 'Syllabus' in Waller v. Florida, 397 U.S. 387 (1970). cited in 1970, 397 U.S. 387, pp.397 U.S. 388. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UULHVJD9TRQJ9F4.
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