Waller v. Florida

Before this case, the U.S. Supreme Court had not definitively ruled on the application of the Double Jeopardy Clause in regards to local and state ordinances and provisions.Palko v. Connecticut[3] was the dominant precedent at the time, which gave permission for the individual states to essentially ignore the Fifth Amendment of the Constitution in enacting their own specific provisions regarding double jeopardy.Palko essentially gave the states full discretion in how they conducted double jeopardy prosecutions, with the exception that they followed the procedural due process of the judicial system.Due to the holding in Benton, it became almost inevitable that the various state provisions outlining multiple prosecutions for the same instance be re-evaluated, some of them before the U.S. Supreme Court.This justification is similar to a dual sovereignty embedded in the states' legislation which permits those multiple prosecutions for the same occurrences and crimes.[8] During the municipal court process, Waller made the statement that "What happened Dec. 29, 1966, occurred as a result of a program I initiated to bring the plight of my people to the attention of the people of St. Petersburg..."[9] Waller was subsequently charged by the State of Florida for grand larceny, which was based on the same acts with which he was charged against by the City of St. Petersburg.The proposed new mural was a landscape oil painting of water and palm trees and is one of two created by the Tarpon Springs artist Christopher Still that were placed above the marble staircases in the city hall that led to the council's chambers.Ashe v. Swenson[14] is important to Waller because it was decided by the U.S. Supreme Court in the same year and both cases questioned the application of double jeopardy in the states.Justice Brennan provided a concurring opinion, stating that the decision should have been reversed simply because the Double Jeopardy Clause of the Fifth Amendment prohibits it.
Supreme Court of the United StatesL. Ed. 2dU.S. LEXISSo. 2dFla. Dist. Ct. App.Warren E. BurgerHugo BlackWilliam O. DouglasJohn M. Harlan IIWilliam J. Brennan Jr.Potter StewartByron WhiteThurgood MarshallWikisourceUnited States Supreme CourtDouble Jeopardy ClauseOmali YeshitelaStudent Nonviolent Coordinating CommitteeAmerican Civil Rights MovementUhuru MovementU.S. Supreme CourtPalko v. ConnecticutFifth Amendmentdue processBenton v. MarylandincorporatedFourteenth Amendmentdouble jeopardybreach of the peacelarcenywrit of prohibitionFlorida Supreme CourtFlorida District Court of AppealsordinancesNorth Carolina v. PearceWilliam J. Brennan, Jr.concurring opinionsovereignList of United States Supreme Court cases, volume 397Ashe v. SwensonCalifornia Law Reviewpublic domain material from this U.S government documentAbbate v. United StatesBartkus v. IllinoisUnited States Fifth Amendmentcriminal procedureGrand JuryHurtado v. CaliforniaEx parte BainWong Wing v. United StatesMaxwell v. DowUnited States v. MorelandBeck v. WashingtonUnited States v. CottonBlockburger v. United StatesGrady v. CorbinUnited States v. FelixUnited States v. DixonUnited States v. RandenbushBurton v. United StatesFong Foo v. United StatesBurks v. United StatesEvans v. MichiganBravo-Fernandez v. United StatesMcElrath v. GeorgiaUnited States v. WilsonLudwig v. MassachusettsSmith v. United StatesUnited States v. PerezUnited States v. JornUnited States v. DinitzOregon v. KennedyBlueford v. ArkansasUnited States v. WheelerHeath v. AlabamaUnited States v. LaraPuerto Rico v. Sanchez ValleGamble v. United StatesDenezpi v. United StatesEx parte BigelowLouisiana ex rel. Francis v. ResweberBaxstrom v. HeroldSelf-Incrimination ClauseUnited States v. SullivanGriffin v. CaliforniaMiranda v. ArizonaWilliams v. FloridaEdwards v. ArizonaOregon v. ElstadIllinois v. PerkinsMcNeil v. WisconsinMitchell v. United StatesUnited States v. HubbellDickerson v. United StatesChavez v. MartinezYarborough v. AlvaradoMissouri v. SeibertUnited States v. PataneFlorida v. PowellMaryland v. ShatzerBerghuis v. ThompkinsJ. D. B. v. North CarolinaBobby v. DixonHowes v. FieldsSalinas v. TexasVega v. Tekoh