WINDOWS

v.

PENNSYLVANIA

Citator

Cited By (39 total)

• United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
  …rst time on appeal in his reply brief. Myers relies on Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974), Jackson v. Walker, 585 F. 2d 139 (5th Cir. 1978), and Hardwick v. Doolittle, 558 F. 2d 292 (5th Cir. 1977), cert. denied, 434 U.S. 1049, 98 S.Ct. 897, 54 L.Ed.2d 801 (1978). Blackledge established that a prosecutor’s discretion to reindict a defendant is circumscribed by the due process clause. In Blackledge a defendant was convicted of a misdemeanor and pursued his statutory right…
• Texas v. McCULLOUGH, 475 U.S. 134 (U.S. 1986)
  …have been drawn to the Court’s attention and does not appear anywhere in the Court’s opinion in Pearce. Clearly the Court did not focus on it as a consideration for its holding. See Hardwick v. Doolittle, 558 F. 2d 292, 299 (CA5 1977), cert. denied, 434 U. S. 1049 (1978). Subsequent opinions have also elucidated the basis for the Pearce presumption. We held in Chaffin v. Stynchcombe, 412 U. S. 17 (1973), for instance, that the presumption derives from the judge’s “personal stake in the prior conviction,” id…
• United States v. Jamiel Alexander Chagra, 669 F.2d 241 (5th Cir. 1982)
  …case by a new prosecutor, see United States v. Phillips, 664 F. 2d 971, 996-997 (5th Cir. 1981); Hardwick v. Doolittle, 558 F. 2d 292, 301 (5th Cir.), supplemented on petition for rehearing and rehearing en banc, 561 F. 2d 630 (1977), cert. denied, 434 U.S. 1049, 98 S.Ct. 897, 54 L.Ed.2d 801 (1978), the government may proceed with its new charges.6 The second indictment arose out of the following scenario.7 The Midland-Odessa federal grand jury returned an indictment against appellant on February 26, 1979,…

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