| 词条 | Grady v. Corbin |
| 释义 |
|Litigants=Grady v. Corbin |ArgueDate=March 21 |ArgueYear=1990 |DecideDate=May 29 |DecideYear=1990 |FullName=William V. Grady, District Attorney of Dutchess County v. Thomas J. Corbin |USVol=495 |USPage=508 |ParallelCitations=110 S. Ct. 2084; 109 L. Ed. 2d 548; 1990 U.S. LEXIS 2698 |Prior=Certiorari to the Court of Appeals of New York |Subsequent= |Holding=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. |SCOTUS=1988-1990 |Majority=Brennan |JoinMajority=White, Marshall, Blackmun, Stevens |Dissent=O'Connor |Dissent2=Scalia |JoinDissent2=Rehnquist, Kennedy |LawsApplied=U.S. Const. amend. V |Overruled={{ussc|name=United States v. Dixon|volume=509|page=688|pin=|year=1993}}. }}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] BackgroundIn 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 CourtIn an opinion by Justice Brennan, the Supreme Court ruled that to subsequently try him for homicide would constitute double jeopardy.[2] AftermathGrady 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
References1. ^{{ussc|name=Grady v. Corbin|volume=495|page=508|pin=|year=1990}}. 2. ^{{cite news |first=Lisa W. |last=Foderaro |authorlink= |title=Double-Jeopardy Ruling Compounds Grief |url=https://query.nytimes.com/gst/fullpage.html?res=9C0CE0D7163AF931A35755C0A966958260 |work=New York Times |publisher= |date=1990-06-02 |accessdate= }} 3. ^{{ussc|name=United States v. Dixon|volume=509|page=688|pin=|year=1993}}. 4. ^{{ussc|name=Blockburger v. United States|volume=284|page=299|pin=|year=1932}}. Further reading
External links
| case = Grady v. Corbin, {{ussc|495|508|1990|el=no}} | courtlistener =https://www.courtlistener.com/opinion/112432/grady-v-corbin/ | findlaw = https://caselaw.findlaw.com/us-supreme-court/495/508.html | googlescholar = https://scholar.google.com/scholar_case?case=4377127661295599126 | justia =https://supreme.justia.com/cases/federal/us/495/508/case.html | loc =http://cdn.loc.gov/service/ll/usrep/usrep495/usrep495508/usrep495508.pdf | oyez =https://www.oyez.org/cases/1989/89-474{{Fifth Amendment crimpro|jeopardy|state=expanded}}{{SCOTUS-stub}} 5 : United States Double Jeopardy Clause case law|United States Supreme Court cases|United States Supreme Court cases of the Rehnquist Court|Overruled United States Supreme Court decisions|1990 in United States case law |
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