RESPONDENT: United States
LOCATION: Oregon State Police
DOCKET NO.: 76-5187
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Seventh Circuit
CITATION: 432 US 23 (1977)
ARGUED: Apr 25, 1977
DECIDED: Jun 13, 1977
Mr. Andrew L. Frey - for the respondent
Joseph P. Bauer - for the petitioner
Facts of the case
Media for Lee v. United StatesAudio Transcription for Oral Argument - April 25, 1977 in Lee v. United States
Audio Transcription for Opinion Announcement - June 13, 1977 in Lee v. United States
Warren E. Burger:
The judgment and opinion of the Court in Number 76-5187, Lee against the United States will be announced by Mr. Justice Powell.
Lewis F. Powell, Jr.:
The petitioner in this case was a child of stealing two wallets from the blind operator of a newsstand in the lobby of the United States Post Office.
During his first trial, the District Court granted petitioner's motion to dismiss on the ground that the indictment had failed to specify accurately the crime charged.
Petitioner was retried and convicted.
His conviction was affirmed by the Court of Appeals for the Seventh Circuit.
We granted certiorari to consider whether the petition of second trial violated the Double Jeopardy Clause of the Fifth Amendment.
We hold that it did not.
We think the principles explained in our decision in the last term in the United States against Dinitz are applicable.
As the dismissal was granted at petitioner's request without judicial or prosecutorial overreaching and on -- and on the ground consistent with retrial, the Double Jeopardy Clause does not bought re-prosecution.
Mr. Justice Brennan and Mr. Justice Rehnquist have filed separate concurring opinions.
Mr. Justice Marshall has filed a dissenting opinion.
Warren E. Burger:
Thank you, Mr. Justice Powell.