CASPARI, SUPERINTENDENT, MISSOURI EASTERN CORRECTIONAL CENTER, ET AL.
v.
BOHLEN.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued December 6, 1993.
Decided February 23, 1994.
Attorney(s) appearing for the Case
Frank A. Jung, Assistant Attorney General of Missouri, argued the cause for petitioners. With him on the briefs was Jeremiah W. (Jay) Nixon, Attorney General.
William K. Kelley argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Bryson, and Ronald J. Mann.
Richard H. Sindel, by appointment of the Court, 510 U.S. 806, argued the cause and filed a brief for respondent.*
O'CONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and BLACKMUN, SCALIA, KENNEDY, SOUTER, THOMAS, and GINSBURG, JJ., joined. STEVENS, J., filed a dissenting opinion, p. 397.
Supreme Court of United States.
JUSTICE O'CONNOR delivered the opinion of the Court.
In Bullington v. Missouri,451 U.S. 430 (1981), we held that a defendant sentenced to life imprisonment following a trial-like capital sentencing proceeding is protected by the Double Jeopardy Clause against imposition of the death penalty if he obtains reversal of his conviction and is retried and reconvicted. In this case...
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