Grady v. Corbin
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OR:

''Grady v. Corbin'', 495 U.S. 508 (1990), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision holding that: "the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted."


Background

In the fall of 1987, Thomas Corbin was driving under the influence as he drove his automobile across the center line of a New York highway and collided with two oncoming vehicles. Brenda Dirago, the driver of the second vehicle, died in this accident while her husband was seriously injured. Later that same day, Corbin was charged with DUI and pleaded guilty.


Opinion of the Court

In an opinion by Justice Brennan, the Supreme Court ruled that to subsequently try him for homicide would constitute double jeopardy.


Aftermath

''Grady'' was only valid law for three years. It was overturned by ''
United States v. Dixon ''United States v. Dixon'', 509 U.S. 688 (1993), was a decision of the Supreme Court of the United States, United States Supreme Court concerning double jeopardy. The case overruled ''Grady v. Corbin'' (1990) and revived the traditional Blockburger ...
'', which rejected the same conduct test in favor of the longstanding same element test. The same element test had been the law since ''
Blockburger v. United States ''Blockburger v. United States'', 284 U.S. 299 (1932), was a case in which the Supreme Court of the United States set an important standard to prevent double jeopardy. Background The defendant was charged with violations of the Harrison Narcotics ...
''..


See also

*
List of United States Supreme Court cases, volume 495 This is a list of all the United States Supreme Court cases from volume 495 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, ...
*
List of United States Supreme Court cases This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief J ...
*
Lists of United States Supreme Court cases by volume The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
*
List of United States Supreme Court cases by the Rehnquist Court This is a partial chronological list of cases decided by the United States Supreme Court during the Rehnquist Court, the tenure of Chief Justice William Rehnquist from September 26, 1986, through September 3, 2005. The cases are listed chronol ...
*'' United States v. Felix'' (1993)


References


Further reading

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External links

* United States Double Jeopardy Clause case law United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court Overruled United States Supreme Court decisions 1990 in United States case law {{SCOTUS-stub