William J. Brennan, Jr.

Name: Grady v. Corbin — Opinion of the Court
Author: William J. Brennan, Jr.

Summary

“Grady v. Corbin — Opinion of the Court”, is a work by William J. Brennan, Jr.. It explores elements such as subsequent prosecution, offense and the Double Jeopardy Clause.

Quotes from Grady v. Corbin — Opinion of the Court (William J. Brennan, Jr.)

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ Thus, a subsequent prosecution must do more than merely survive the Blockburger test. As we suggested in Vitale, the Double Jeopardy Clause bars any subsequent prosecution in which the government, to establish an essential element of an offense charged in that prosecution, will prove conduct that constitutes an offense for which the defendant has already been prosecuted. [11] This is not an "actual evidence" or "same evidence" test. [12] The critical inquiry is what conduct the State will prove, not the evidence the State will use to prove that conduct. ”

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Source: Wikisource

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ The two prosecutions were not for the "same offense" under Blockburger since, as a statutory matter, felony murder could be established by proof of any felony, not just robbery, and robbery with a firearm did not require proof of a death. Nevertheless, because the State admitted that " 'it was necessary for all the ingredients of the underlying felony of Robbery with Firearms to be proved' " in the felony-murder trial, the Court unanimously held that the subsequent prosecution was barred by the Double Jeopardy Clause. ”

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Source: Wikisource

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ The underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity. ”

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Source: Wikisource

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ If the District Attorney had wanted to prevent Corbin from pleading guilty to the traffic tickets so that the State could combine all charges into a single prosecution containing the later-charged felony counts, he could have availed himself of N.Y.Crim.Proc.Law § 170.20 (2) (McKinney 1982) , which states:↑ The New York Court of Appeals held that, although an attorney may not misrepresent facts, "a practitioner representing a client at a traffic violation prosecution should not be expected to volunteer information that is likely to be highly damaging to his client's position." ”

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Source: Wikisource

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ Prosecutors' offices are often overworked and may not always have the time to monitor seemingly minor cases as they wind through the judicial system. But these facts cannot excuse the need for scrupulous adherence to our constitutional principles. ”

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Source: Wikisource

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ A true "same evidence" or "actual evidence" test would prevent the government from introducing in a subsequent prosecution any evidence that was introduced in a preceding prosecution. It is in this sense that we discuss, and do not adopt, a "same evidence" or "actual evidence" test.↑ Because the State does not contest the New York Court of Appeals' ruling that the driving while intoxicated and vehicular manslaughter charges are barred under state law and Blockburger, respectively, Pet. ”

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Source: Wikisource

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ Two months later, on January 19, 1988, a grand jury investigating the October 3, 1987, accident indicted Corbin, charging him with reckless manslaughter, second-degree vehicular manslaughter, and criminally negligent homicide for causing the death of Brenda Dirago; third-degree reckless assault for causing physical injury to Daniel Dirago; and driving while intoxicated. ”

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Source: Wikisource

William J. Brennan, Jr., Grady v. Corbin — Opinion of the Court

“ Like Thomas Corbin, John Vitale allegedly caused a fatal car accident. A police officer at the scene issued Vitale a traffic citation charging him with failure to reduce speed to avoid an accident in violation of § 11-601 (a) of the Illinois Vehicle Code. Vitale was convicted of that offense and sentenced to pay a $15 fine. ”

William J. Brennan, Jr.

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