Supreme Court of the United States, 1976

Dempsey v. United States

Supreme Court of the United States · Decided January 19, 1976 · Brennan, Marshall, Whom

423 U.S. 1079; 96 S. Ct. 867; 47 L. Ed. 2d 90; 1976 U.S. LEXIS 1204 (United States Reports)

Cases that cite this one

30 later published cases cite this decision. The 22 that cite it most often are listed here.

Brooks v. Oklahoma (Supreme Court of the United States 1982)
Hetzel v. Bethlehem Steel Corp. (5th Cir. 1995)
Lewis v. United States (District Court, E.D. Virginia 1993)
4934, Inc. v. District of Columbia Department of Employment Services (D.C. 1992)
Speaks v. Trikora Lloyd P.T. (District Court, S.D. Texas 1987)
Jackson v. Tenneco Oil Co. (United States District Court Eastern District of Louisiana 1985)
Tidelands Royalty "B" Corp. v. Gulf Oil Corp. (District Court, N.D. Texas 1985)
Peters v. North River Insurance (5th Cir. 1985)
Miller v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (United States District Court for the Northern District of Georgia 1983)
Olsen v. Shell Oil Co. (5th Cir. 1983)
Passman v. Companhia De Navegacao Maritima Netumar (District Court, E.D. Pennsylvania 1982)
Savannah Machine & Shipyard Company v. Director, Office Of Workers' Compensation Programs (5th Cir. 1981)
Savannah Machine & Shipyard Co. v. Director (5th Cir. 1981)
Hawkins v. United Overseas Export Lines, Inc. (District Court, D. Maryland 1980)
Oman v. Johns-Manville Corp. (District Court, E.D. Virginia 1980)
Olsen v. Shell Oil Co. (5th Cir. 1979)
Esteban Lopez v. A/s D/s Svendborg and D/s of 1912 A/s (2d Cir. 1978)
Travelers Insurance Co. v. District of Columbia (D.C. 1978)
People v. Lang (Ill. App. Ct. 1989)
Holmes v. State (Fla. Dist. Ct. App. 1986)
People v. Lang (Ill. App. Ct. 1984)
Rivera v. United States (Supreme Court of the United States 1980)

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. 5th Cir. Certiorari denied.

Dissenting Opinion

Mr. Justice Brennan, with whom Mr. Justice Marshall joins,

dissenting.

Petitioner was charged with conspiracy to possess and distribute cocaine under an indictment that alleged seven overt acts involving petitioner. Three of these acts were the subject of an earlier indictment charging substantive offenses, and petitioner had pleaded guilty to the substantive indictment before the conspiracy indictment was returned. Petitioner made a timely claim in the District Court that the conspiracy indictment should be dismissed as barred by the Double Jeopardy Clause and collateral estoppel. He also argued that he would not have pleaded guilty had he known that the Government would follow with a conspiracy indictment. His claim was rejected, and his conviction after a jury trial was affirmed on appeal. United States v. Marshall, 513 F. 2d 274 (CA5 1975).

The two indictments concerned charges against petitioner that clearly arose out of the same criminal transaction or episode. In that circumstance, I would grant the petition for certiorari and reverse the conspiracy conviction. I adhere to the view that the Double Jeopardy Clause of the Fifth Amendment requires prosecution in *1080one proceeding, except in extremely limited circumstances not present here, of “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 Susi v. Flowers, ante, p. 1006 (Brennan, J., dissenting); Vardas v. Texas, ante, p. 904 (Brennan, J., dissenting); Stewart v. Iowa, ante, p. 902 (Brennan, J., dissenting); Waugh v. Gray, 422 U. S. 1027 (1975) (Brennan, J., dissenting); Wells v. Missouri, 419 U. S. 1075 (1974) (Brennan, J., dissenting); Moton v. Swenson, 417 U. S. 957 (1974) (Brennan, J., dissenting); Tijerina v. New Mexico, 417 U. S. 956 (1974) (Brennan, J., dissenting) ; Ciuzio v. United States, 416 U. S. 995 (1974) (Brennan, J., dissenting); Harris v. Washington, 404 U. S. 55, 57 (1971) (concurring statement); Waller v. Florida, 397 U. 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); State v. Gregory, 66 N. J. 510, 333 A. 2d 257 (1975).

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