Abbate v. United States
1959 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Abbate v. United States, 359 U.S. 187 (1959), is a decision of the U.S. Supreme Court. The decision held that the double jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit the prosecution of a conspiracy in federal court under federal law when that same conspiracy has already resulted in a conviction in state court under state law.[1]
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Quick Facts Abbate v. United States, Argued October 22, 1958 Decided March 30, 1959 ...
Abbate v. United States | |
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Argued October 22, 1958 Decided March 30, 1959 | |
Full case name | Abbate v. United States |
Citations | 359 U.S. 187 (more) 79 S. Ct. 666; 3 L. Ed. 2d 729; 1959 U.S. LEXIS 1264 |
Case history | |
Prior | 247 F.2d 410 (5th Cir. 1957); cert. granted, 355 U.S. 902 (1957). |
Holding | |
The double jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit the prosecution of a conspiracy in federal court under federal law when that same conspiracy has already resulted in a conviction in state court under state law. | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Frankfurter, Clark, Harlan, Whittaker, Stewart |
Concurrence | Brennan |
Dissent | Black, joined by Warren, Douglas |
Laws applied | |
U.S. Const. amend. V |
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