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CRIST v. BRETZ

No. 76-1200.

437 U.S. 28 (1978)

CRIST, WARDEN, ET AL. v. BRETZ ET AL.

Supreme Court of United States.

Reargued March 22, 1978.

Decided June 14, 1978.

Attorney(s) appearing for the Case

Robert S. Keller, Special Assistant Attorney General of Montana, reargued the cause for appellants. With him on the briefs was Michael T. Greely, Attorney General.

W. William Leaphart, by appointment of the Court, 431 U.S. 963, reargued the cause and filed briefs for appellee Cline. Charles F. Moses reargued the cause and filed briefs for appellee Bretz.

Kenneth S. Geller argued the cause on the reargument for the United States as amicus curiae urging reversal. On the brief were Solicitor General McCree, Assistant Attorney General Civiletti, Deputy Solicitor General Easterbrook, and Alan J. Sobol.

MR. JUSTICE STEWART delivered the opinion of the Court.

This case involves an aspect of the constitutional guarantee against being twice put in jeopardy. The precise issue is whether the federal rule governing the time when jeopardy attaches in a jury trial is binding on Montana through the Fourteenth Amendment. The federal rule is that jeopardy attaches when the jury is empaneled and sworn; a Montana statute provides that...

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