How this document has been cited
We therefore accept the Government's invitation to overrule Grady, and Counts II, III, IV, and V of Foster's subsequent prosecution are not barred
Second, the doctrinally related but distinct Double Jeopardy Clause prohibits conviction for two offenses which have identical elements
- in US v. Payan, 1993
Other jurisdictions have interpreted Grady in the narrow manner urged by the state or have otherwise embellished on the Grady analysis such that the clear thrust of Grady is avoided.
—the Supreme Court further explained that the critical inquiry is what conduct the state will prove, not the evidence the state will use to prove that conduct.
- in Antitrust Counseling and Litigation Techniques
We do not lightly reconsider a precedent, but, because Grady contradicted an "unbroken line of decisions," contained "less than accurate" historical analysis, and has produced "confusion
For purposes of determining double jeopardy, the indictment is material, the jury charge immaterial.
Cited by
AR Amar… - Colum. L. Rev., 1995
RT Nakatsuji - U. Haw. L. Rev., 1995
509 US 688 - Supreme Court 1993
992 F. 2d 1387 - Court of Appeals, 5th Circuit 1993
868 SW 2d 417 - Tex: Court of Appeals, 12th Dist. 1993
173 Wis. 2d 769 - Wis: Court of Appeals 1993
840 SW 2d 550 - Tex: Court of Appeals, 5th Dist. 1992
SW Brenner - New Eng. L. Rev., 1992
[CITATION] Antitrust Counseling and Litigation Techniques
JO Von Kalinowski - 1984
[BOOK] Columbia Law Review
Columbia University. School of Law - 1923