Palko v. Connecticut

PETITIONER: Frank Palko
RESPONDENT: Connecticut
LOCATION: Fairfield County Trial Court

DOCKET NO.: 135
DECIDED BY: Hughes Court (1937-1938)
LOWER COURT:

ARGUED: Nov 12, 1937
DECIDED: Dec 06, 1937

ADVOCATES:
David Goldstein - for the appellant
George A. Saden - for the appellant
William H. Comley - for the appellee

Facts of the case

Frank Palko had been charged with first-degree murder. He was convicted instead of second-degree murder and sentenced to life imprisonment. The state of Connecticut appealed and won a new trial; this time the court found Palko guilty of first-degree murder and sentenced him to death.

Question

Does Palko's second conviction violate the protection against double jeopardy guaranteed by the Fifth Amendment because this protection applies to the states by virtue of the Fourteenth Amendment's due process clause?