Tuesday, May 20, 2014

Heath v. Alabama case brief summary

Heath v. Alabama case brief summary

a.       Facts: P hired two men to murder his wife. P went to AL to give two men what they needed. Two men kidnapped and killed the wife in GA. GA returned a grand jury indictment for MALICE MURDER. P took deal of life in prison with chance of parole in 7 yrs, plead guilty. P was indicted in AL rejecting double jeopardy clause and found guilty of MURDER DURING KIDNAPPING and sentenced to death.
b.      Issue: Whether the doctrine of dual sovereignty to successive dual prosecutions by two states is applicable?
c.       Ct. Holding
                                                              i.      Committing a crime in two separate states = two separate offenses
                                                            ii.      Successive prosecution by two states under dual sovereignty doctrine not barred by double jeopardy because each state has its own inherent sovereignty and has the power to enforce and create own criminal code

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