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Keywords

defendantstatuteappealtrialhabeas corpusdouble jeopardyappelleeattachmentjury trial
defendantstatuteappealtrialdouble jeopardyappelleejury trial

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Crist v. Bretz, 437 U.S. 28, 98 S.Ct. 2156, 57 L.Ed.2d 24, 10 O.O.3d 466

Facts

Merrel Cline and L. R. Bretz were tried in Montana for grand larceny and related charges. After a jury was empaneled and sworn, the prosecution sought to amend the information regarding the charges, which was denied. The trial judge dismissed the case, leading to a new information being filed. The defendants argued that the second trial violated the double jeopardy clause, but the state courts ruled that jeopardy had not attached in the first trial. The defendants then filed a habeas corpus petition in federal court, which was initially denied.

The appellees, Merrel Cline and L. R. Bretz, were brought to trial in a Montana court on charges of grand larceny, obtaining money and property by false pretenses, and several counts of preparing or offering false evidence.

Issue

Whether the federal rule governing the time when jeopardy attaches in a jury trial is binding on Montana through the Fourteenth Amendment.

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.

Rule

The federal rule is that jeopardy attaches in a jury trial when the jury is empaneled and sworn, which is an integral part of the Fifth Amendment guarantee against double jeopardy applicable to the states via the Fourteenth Amendment.

The federal rule that jeopardy attaches in a jury trial when the jury is empaneled and sworn, a rule that reflects and protects the defendant's interest in retaining a chosen jury, is an integral part of the Fifth Amendment guarantee against double jeopardy made applicable to the States by the Fourteenth Amendment.

Analysis

The Supreme Court applied the rule by determining that the Montana statute, which stated that jeopardy does not attach until the first witness is sworn, was unconstitutional. The Court emphasized that the federal rule protects the defendant's interest in retaining a chosen jury and is essential to the double jeopardy protections afforded by the Constitution.

The federal court denied the petition, holding that the Montana statute providing that jeopardy does not attach until the first witness is sworn does not violate the United States Constitution.

Conclusion

The Supreme Court affirmed the judgment of the Court of Appeals, holding that the federal rule regarding the attachment of jeopardy is binding on the states and that the Montana statute was unconstitutional.

The judgment is Affirmed.

Who won?

The appellees, Merrel Cline and L. R. Bretz, prevailed because the Supreme Court held that their second trial violated the double jeopardy clause.

The Court of Appeals for the Ninth Circuit reversed. 546 F.2d 1336. It held that the federal rule governing the time when jeopardy attaches is an integral part of the constitutional guarantee, and thus is binding upon the States under the Fourteenth Amendment.

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