IN RE DISBARMENT OF BUTLER

U.S. | 1983-05-31
No. D-349
461 U.S. 954 Supreme Court of the United States (1983) Positive Treatment
Cited by 2 cases

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  • United States v. Broce, 781 F.2d 792 (10th Cir. 1986)
    …concern that collateral attack affects the finality of the judgment. If the charge upon which the judgment is based is constitutionally infirm, either on due process or double jeopardy grounds, that judgment cannot be “final.” Cf. Haring v. Prosise, 461 U.S. 954, 103 S.Ct. 2424, 77 L.Ed.2d 1313 (1983). [*796] The government argues that “almost every other court of appeals that has considered the issue [of waiver] since Black-ledge and Menna has held that double jeopardy is a personal defense that is waived…

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