United States v. Turner & Kelly

Robert Turner, Guinn Kelly, and Kenneth Givens (defendants) submitted false time cards while working for a federal housing project and were indicted on theft, false-statement, and conspiracy charges. After a mistrial was reversed on appeal for lack of "manifest necessity," the government returned a new superseding indictment against Turner and Kelly that shifted some charges and pay periods and added an aiding-and-abetting count. Turner and Kelly moved to dismiss the new indictment on double jeopardy and res judicata grounds. The district court denied the motions, and both defendants appealed.

Whether the Double Jeopardy Clause bars prosecution of offenses committed on separate dates, even though the acts charged are of the same general nature as those in an earlier indictment.