United States v. Wheeler (1978)
1978 United States Supreme Court case / From Wikipedia, the free encyclopedia
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For other uses, see United States v. Wheeler.
United States v. Wheeler, 435 U.S. 313 (1978), was a United States Supreme Court case in which the Court held the Double Jeopardy Clause does not bar the federal prosecution of a Native American (Indian) who has already been prosecuted by the tribe.[1]
Quick Facts United States v. Wheeler, Argued January 11, 1978 Decided March 22, 1978 ...
United States v. Wheeler | |
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Argued January 11, 1978 Decided March 22, 1978 | |
Full case name | United States v. Anthony Robert Wheeler |
Citations | 435 U.S. 313 (more) 98 S. Ct. 1079; 55 L. Ed. 2d 303; 1978 U.S. LEXIS 72 |
Case history | |
Prior | 545 F.2d 1255 (9th Cir. 1976), ref'g[clarification needed] and rehearing en banc denied Mar. 23, 1977 |
Holding | |
The Fifth Amendment's Double Jeopardy Clause does not prevent prosecution by both an Indian tribe and the federal government of the United States. | |
Court membership | |
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Case opinion | |
Majority | Stewart, joined by Burger, White, Marshall, Blackmun, Powell, Rehnquist, Stevens |
Brennan took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. V |
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