Louisiana ex rel. Francis v. Resweber
The petitioner, who had been sentenced to die by electrocution, had survived the state's first electrocution attempt; he contended that for the state to try to electrocute him again would be "cruel and unusual punishment" under the Eighth Amendment, double jeopardy (being tried twice for the same crime) under the Fifth Amendment, and a violation of his right to due process of law under the Fourteenth Amendment (since other prisoners only had to undergo one execution attempt).
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1941 to 1953Louisiana ex rel. Francis v. Resweber - Petitioner's Claim, Decision, Significance, A Cruel And Unusual Punishment?, What Is The State's Responsibility?