Robinson v. Neil
Supreme Court of the United States
Robinson v. Neil, Warden
Certiorari to the United States Court of Appeals for the Sixth Circuit
No. 71-6272. Argued: December 6, 1972 --- Decided: January 16, 1973
Waller v. Florida, 397 U.S. 387, which bars on the ground of double jeopardy two prosecutions, state and municipal, based on the same act or offense, is fully retroactive. Pp. 506-511.
452 F.2d 370, vacated and remanded.
REHNQUIST, J., delivered the opinion for a unanimous Court. BRENNAN, J., filed a separate opinion, in which DOUGLAS and MARSHALL, JJ., joined, post, p. 511.
James D. Robinson argued the cause for petitioner. With him on the brief was Jerry H. Summers.
Bart C. Durham III, Assistant Attorney General of Tennessee, argued the cause for respondent. With him on the brief were David M. Pack, Attorney General, and William C. Koch, Jr., Assistant Attorney General.