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Missouri v. Hunter

United States Supreme Court

459 U.S. 359 (1983)

Relevant factsFree

Hunter (defendant) was convicted in a single trial of both armed criminal action and the underlying robbery felony and sentenced concurrently on each; the state supreme court set aside his armed-criminal-action conviction, reasoning the two crimes were the "same offense" under Blockburger since neither required proof of an element the other didn't, even though it acknowledged the state legislature had clearly intended defendants to be convicted and sentenced under both statutes. The U.S. Supreme Court granted certiorari.

IssueFree

Whether the Double Jeopardy Clause of the Fifth Amendment is violated where a defendant, in a single trial, is charged and convicted of two offenses that constitute the "same" offense under the Blockburger test.

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