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Supreme Court· 5/29/1990

Grady v. Corbin

Citations

  • 495 U.S. 508
  • 110 S. Ct. 2084
  • 109 L. Ed. 2d 548
  • 1990 U.S. LEXIS 2698
  • 58 U.S.L.W. 4599

About this case

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From Wikipedia, the free encyclopedia

1990 United States Supreme Court case

Grady v. Corbin, 495 U.S. 508 (1990), was a United States Supreme Court decision holding that: "the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted."[1]

Background

[(https://en.wikipedia.org/w/index.php?title=Grady_v._Corbin&action=edit&section=1 "Edit section: Background")
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In the fall of 1987, Thomas Corbin was driving under the influence as he drove his automobile across the center line of a New York highway and collided with two oncoming vehicles. Brenda Dirago, the driver of the second vehicle, died in this accident while her husband was seriously injured. Later that same day, Corbin was charged with DUI and pleaded guilty.

Opinion of the Court

[(https://en.wikipedia.org/w/index.php?title=Grady_v._Corbin&action=edit&section=2 "Edit section: Opinion of the Court")
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In an opinion by Justice Brennan , the Supreme Court ruled that to subsequently try him for homicide would constitute double jeopardy.[2]

Aftermath

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Grady was only valid law for three years. It was overturned by _United States v. Dixon _,[3] which rejected the same conduct test in favor of the longstanding same element test. The same element test had been the law since _Blockburger v. United States _.[4]

See also

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References

[(https://en.wikipedia.org/w/index.php?title=Grady_v._Corbin&action=edit&section=5 "Edit section: References")
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  1. ↑ Grady v. Corbin, 495 U.S. 508 (1990).
  2. ↑ Foderaro, Lisa W. (June 2, 1990). "Double-Jeopardy Ruling Compounds Grief" . _New York Times _.
  3. ↑ _United States v. Dixon _, 509 U.S. 688 (1993).
  4. ↑ _Blockburger v. United States _, 284 U.S. 299 (1932).

Further reading

[(https://en.wikipedia.org/w/index.php?title=Grady_v._Corbin&action=edit&section=6 "Edit section: Further reading")
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External links

[(https://en.wikipedia.org/w/index.php?title=Grady_v._Corbin&action=edit&section=7 "Edit section: External links")
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United States Fifth Amendment criminal procedure case law

Double Jeopardy Clause

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Editorial context from Wikipedia (CC-BY-SA 4.0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Double Jeopardy Clause prohibits successive prosecutions based on the same conduct
  • noting that all nine courts of appeals that have faced this question have adopted this same framework
  • reviewing and reworking standards established more than a half-century before in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932)
  • finding a double jeopardy bar if the subsequent prosecution requires proof of conduct that constituted an offense for which defendant has already been prosecuted
  • acknowledging the continued vitality of the Blockburger test as it applies to the situation of possible multiple sentences
  • articulating a \same conduct\ test similar to the \same transaction\ test articulated in Brown

Source: CourtListener parenthetical corpus (CC0).

Judges: Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Rehnquist, Kennedy

Read full opinion on CourtListener

Cited by

1,109 cases in this archive cite this case; the 20 most cited are listed.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Grady v. Corbin

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.