Brown v. Ohio
United States Supreme Court
432 U.S. 161 (1977)
Relevant factsFree
Brown (defendant) was convicted in Wickliffe, Ohio of "joyriding" (operating a stolen car without consent) after being caught driving a car stolen nine days earlier in East Cleveland; after serving his 30-day sentence, East Cleveland police then charged him with the greater offense of auto theft for the same underlying car theft. Over Brown's double jeopardy objection, he was convicted of auto theft, and the state court of appeals affirmed.
IssueFree
Whether the Double Jeopardy Clause bars prosecuting and punishing a defendant for a greater offense after the defendant has already been tried and convicted of a lesser included offense arising from the same conduct.