Supreme Court of the United States, 1974

Moton v. Swenson

Supreme Court of the United States · Decided June 10, 1974 · Brennan, Douglas, Marshall, Whom

417 U.S. 957; 94 S. Ct. 3086; 41 L. Ed. 2d 675; 1974 U.S. LEXIS 1393 (United States Reports)

Cases that cite this one

22 later published cases cite this decision.

Roger George Flittie v. Herman Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota (8th Cir. 1985)
Roger George Flittie v. Herman Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota (8th Cir. 1985)
United States v. Frank Dean (8th Cir. 1981)
State v. Handley (Mo. 1979)
Brooks v. Oklahoma (Supreme Court of the United States 1982)
Susi Et Al. v. Flowers, Judge (Supreme Court of the United States 1976)
Stewart v. Iowa (Supreme Court of the United States 1975)
Wells v. Missouri (Supreme Court of the United States 1974)
Moton v. State (Mo. Ct. App. 1987)
United States v. Carl Wesley Thomas, United States of America v. Carl Angelo Deluna, United States of America v. Anthony Chiavola, Sr. (8th Cir. 1985)
State v. Woods (Ohio Ct. App. 1982)
State v. Grays (Mo. Ct. App. 1981)
Turner v. Wyrick (District Court, E.D. Missouri 1978)
United States v. Panetta (District Court, E.D. Pennsylvania 1977)
United States v. Stanley Maxim Decoteau (8th Cir. 1975)
Copening v. United States (D.C. 1976)
Commonwealth v. Cepulonis (Mass. 1978)
Thompson v. Oklahoma (Supreme Court of the United States 1977)
Dempsey v. United States (Supreme Court of the United States 1976)
Ragano v. United States (Supreme Court of the United States 1976)
Cousins v. Maryland (Supreme Court of the United States 1976)
Vardas v. Texas (Supreme Court of the United States 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

C. A. 8th Cir. Certiorari denied.

Dissenting Opinion

Mr. Justice Brennan, with whom Mr. Justice Douglas and Mr. Justice Marshall join,

dissenting.

Petitioner and a companion entered a gas station in St. Louis, Missouri. While his companion held two station attendants at gunpoint, petitioner demanded and obtained money from one attendant; his companion demanded and obtained money from the second. Petitioner was charged in an information with aiding and abetting his companion in the robbery of the second attendant, tried and'convicted by a jury in the Circuit Court of the city of St. Louis of robbery in the first *958degree by means of a dangerous and deadly weapon, and sentenced to 12 years’ imprisonment. Subsequently, petitioner was charged in a separate information with the robbery of the other attendant. He was again tried in the Circuit Court of the city of St. Louis, found guilty of robbery in the first degree by means of a dangerous and deadly weapon, and sentenced to 15 years’ imprisonment. In a consolidated appeal, the Supreme Court of Missouri affirmed both convictions. 476 S. W. 2d 785 (1972). Petitioner then sought a writ of habeas corpus in the United States District Court for the Eastern District of Missouri. The District Court, in an unreported decision, dismissed the petition, rejecting the claim that the second prosecution violated petitioner’s constitutional protection against double jeopardy. The Court of Appeals for the Eighth Circuit affirmed the dismissal. 488 F. 2d 1060 (1973).

Although both robbery charges clearly arose out of the same transaction or episode, they were prosecuted by the State in separate proceedings. That, in my opinion, requires that we grant the petition for certiorari and reverse, for I adhere to the view that the Double Jeopardy Clause of the Fifth Amendment, which is applicable to the States through the Fourteenth Amendment, Benton v. Maryland, 395 U. S. 784 (1969), requires the prosecution, except in extremely limited circumstances not present here, “to join at one trial all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction.” Ashe v. Swenson, 397 U. S. 436, 453-454 (1970) (Brennan, J., concurring); see Smith v. Missouri, 414 U. S. 1031 (1973) (Brennan, J., dissenting); Miller v. Oregon, 405 U. S. 1047 (1972) (Brennan, J., dissenting); Harris v. Washington, 404 U. S. 55, 57 (1971) (statement of Douglas, Brennan, and Marshall, JJ.); Waller v. Florida, 397 *959U. S. 387, 395 (1970) (Brennan, J., concurring). See also People v. White, 390 Mich. 245, 212 N. W. 2d 222 (1973); State v. Brown, 262 Ore. 442, 497 P. 2d 1191 (1972); Commonwealth v. Campana, 452 Pa. 233, 304 A. 2d 432, vacated and remanded, 414 U. S. 808 (1973), adhered to on remand, 455 Pa. 622, 314 A. 2d 854 (1974).

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