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Palko v. Connecticut

United States Supreme Court

302 U.S. 319 (1937)

Relevant factsFree

Palko (defendant) was convicted of second-degree murder after being indicted for first-degree murder, and Connecticut's law allowing prosecutorial appeal of trial errors let the state appeal evidentiary and jury-instruction errors, resulting in a new trial where Palko was convicted again; he challenged the retrial on double-jeopardy grounds, arguing the Fifth Amendment's protection should apply to the states through the Fourteenth Amendment.

IssueFree

Whether a state law allowing the prosecution to appeal the results of a criminal jury trial conviction violates the Due Process Clause of the Fourteenth Amendment.

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