State v. Hinton

How courts have described this case

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

• “It . . . cannot be said that the filing of the higher charge had no effect upon the defendant’s ability to defend the case”
• mere ineptitude in filing the lower charge in the first place does not justify a subsequent charge of a more serious crime
• The presumption may be rebutted by proof of “intervening circumstances or events or of new evidence which the government was excusably unaware at the time of the first charge.”
• The presumption may be rebutted by proof of “intervening circumstances or events or of new evidence which the govern men t was ex cusab ly unaware at the time of the first ch arge.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Battle v. Commonwealth
  Court of Appeals of Virginia· 1991-06-11· cited 26×
• State v. David Willard Phipps, Jr.
  Tennessee Supreme Court· 1997-12-22· cited 20×
• State v. Brun
  Court of Appeals of Arizona· 1997-12-11· cited 11×
• State v. Webb
  Court of Appeals of Arizona· 1984-01-25· cited 5×
• State v. Adams
  Court of Appeals of Maryland· 1982-07-19· cited 4×
• In re the Appeal in Maricopa County, Juvenile Action No. JV-110565
  Court of Appeals of Arizona· 1988-06-21

Cites

8 cases in this archive are cited by this case.

• North Carolina v. Pearce
  Supreme Court· 1969-06-23· cited 7,763×
• Blackledge v. Perry
  Supreme Court· 1974-05-20· cited 1,945×
• Delta Steamship Lines, Inc. v. Turner
  Supreme Court· 1977-10-03· cited 138×
• United States v. Clayborne Jamison, Jr., United States of America v. Clayborne Jamison, Sr.
  D.C. Circuit· 1974-10-15· cited 107×
• United States v. Frank Demarco, Jr.
  Ninth Circuit· 1977-03-30· cited 98×
• United States v. Bernardino Ruesga-Martinez
  Ninth Circuit· 1976-06-02· cited 87×
• United States v. Paul A. Groves, Jr.
  Ninth Circuit· 1978-03-20· cited 59×
• United States v. Jorge Alvarado-Sandoval
  Ninth Circuit· 1977-05-31· cited 27×