HIGGINS

v.

NEW YORK

Citator

Cited By

• Mizell v. The Attorney Gen. OF the State OF NEW York & ano., 586 F.2d 942 (2d Cir. 1978)
  …hat if a defendant were tried in a federal court, jeopardy would attach as soon as the jury was sworn. See Illinois v. Somerville, supra; United States ex rel. Bland v. Nenna, 282 F.Supp. 754 (S.D.N.Y.), aff d, 393 F. 2d 416 (2d Cir.), cert, denied, 392 U.S. 941, 88 S.Ct. 2323, 20 L.Ed.2d 1403 (1968). Under Palko v. Connecticut, 302 U.S. 319, 328, 58 S.Ct. 149, 153, 82 L.Ed.2d 288 (1937) it was reasonably clear that federal double jeopardy standards did not apply to the states and that the Fourteenth Amen…

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• Capler v. City OF Greenville, 422 F.2d 299 (5th Cir. 1970)
  …ugh not at the station house. A companion was with him in the car, was not arrested, and testified to his sobriety, based on her observations of his conduct and appearance. . Capler v. City of Greenville, 207 So. 2d 339 (Sup.Ct.Miss.) cert. denied, 392 U.S. 941, 88 S.Ct. 2323, 20 L.Ed.2d 1403 (1968).…
• Clay v. Riddle, 541 F.2d 456 (4th Cir. 1976)
  …on the broad holding that it does not apply to misdemeanor charges, see: State v. Gabriel-son, Iowa, 192 N.W. 2d 792 (1971); State v. Pyle, 19 Ohio St.2d 64, 249 N.E. 2d 826 (1969); Capler v. City of Greenville, Miss., 207 So. 2d 339, cert. denied, 392 U.S. 941, 88 S.Ct. 2323, 20 L.Ed.2d 1403 (1968); State v. Angelo, 251 La. 250, 203 So. 2d 710 (1967); 31 A.L.R.3d 579, 692; and 25 A.L.R.3d 1081-86. In neither phase of this discussion have we found significant Federal decisions holding against the views her…