Bullington v. Missouri, No. 79-6740 (U.S. Supreme Court) (451 U.S. 430; 101 S.Ct. 1852) (May 4, 1981) (Justice Blackmun)

Loaded on March 28, 2004

Filed under: Sentencing, Punch And Jurists.

Here a divided Court announced a narrow exception to the general rule that double jeopardy principles have no application in the sentencing context - on the grounds that the Double Jeopardy Clause is written in terms of potential or risk of trial and conviction, not punishment. However, in this case, …

Full article and associated cases available to subscribers.

As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from these topics:

DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
Georgia Moves to Shield Intellectually Disabled Prisoners  from Execution, June 1, 2025. Sentencing, Death Penalty.
Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity  Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
SCOTUS Announces Only ‘False’ Statements Made to FDIC  Are Criminalized Under 18 U.S.C. § 1014, Not Statements  That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, Jan. 1, 2024. Sentencing, Good Time, Sentences - Corrections or Modifications of, Credits.
Changing Perception, Changing The Law, April 15, 2020. Sentencing, U.S. Sentencing Guidelines.
Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment, April 15, 2020. Sentencing.
SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, April 15, 2020. Sentencing.
Illinois Prisoner Locked Up Decades Without a Conviction or Sentence, April 1, 2020. Criminal Prosecution, Sentencing.