MORRIS v. MATHEWS

No. 84-1636.

475 U.S. 237 (1986)

106 S.Ct. 1032

89 L.Ed.2d 187

MORRIS, SUPERINTENDENT, SOUTHERN OHIO CORRECTIONAL FACILITY v. MATHEWS

Supreme Court of United States.

Decided February 26, 1986


Attorney(s) appearing for the Case

Richard David Drake, Assistant Attorney General of Ohio, argued the cause for petitioner. With him on the brief was Anthony J. Celebrezze, Jr., Attorney General.

Michael George Dane argued the cause for respondent. With him on the brief was Edward F. Marek.


JUSTICE WHITE delivered the opinion of the Court.

The question presented in this case is whether a state appellate court provided an adequate remedy for a violation of the Double Jeopardy Clause of the Fifth Amendment by modifying a jeopardy-barred conviction to that of a lesser included offense that is not jeopardy barred.

I

On February 17, 1978, respondent James Michael Mathews and Steven Daugherty robbed the Alexandria Bank in Alexandria, Ohio...

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