Benton v. Maryland
Significance, Double Jeopardy
John Dalmer Benton
State of Maryland
That his conviction and sentencing for burglary and larceny, accomplished in two state court trials after the initial verdict was thrown out due to jury invalidation, was in violation of his constitutional protection from double jeopardy (being tried more than once for the same offense).
Chief Lawyer for Petitioner
M. Michael Cramer
Chief Lawyer for Respondent
Francis B. Burch
Justices for the Court
Hugo Lafayette Black, William J. Brennan, Jr., Warren E. Burger, William O. Douglas, Abe Fortas, Thurgood Marshall (writing for the Court), Byron R. White
John Marshall Harlan II, Potter Stewart
Date of Decision
23 June 1969
That the second trial did violate Benton's right to freedom from double jeopardy, and that portions of his second conviction could not stand.
- Palko v. Connecticut, 302 U.S. 319 (1937).
- Duncan v. Louisiana, 391 U.S. 145 (1968).
West's Encyclopedia of American Law. Minneapolis, MN: West, 1998.
- Holmes, Burnham. The Fifth Amendment. Englewood Cliffs, NJ: Silver Burdett Press, 1991.
- Israel, Jerold H. Criminal Procedure and the Constitution. St. Paul, MN: West Publishing Co., 1996.
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