Pp. The second of the "special circumstances" relied on by the Court is that, "in this case, the [state courts] decided not to apply the concurrent sentence rule," and reached the "double jeopardy" issue themselves. He was convicted of burglary but found innocent of larceny in August of that year, and was sentenced to ten years in prison for his offense.
In the circumstances of this case, these potential consequences are plainly insignificant. There remain the possibilities that petitioner's larceny conviction might be considered generally by a judge if and when petitioner is sentenced following some future conviction, and that the conviction might be used to impeach him in future judicial proceedings. 4. briefs keyed to 223 law school casebooks.The operation could not be completed. [The language used in a number of this Court's opinions might be read to indicate that the existence of a valid concurrent sentence removes the necessary elements of a justiciable controversy. Since the case was brought here on a writ of certiorari limited to the 'double jeopardy' question, decision of which would affect only the larceny conviction, I would dismiss the writ as improvidently granted.Having concluded that the writ should be dismissed, I would ordinarily not go further. Benton was acquitted of the larceny charge, but convicted of the burglary charge and sentenced to 10 years in prison. Had petitioner not appealed his burglary o nviction, the State would surely have allowed him to rest on his larceny acquittal and merely serve out his burglary sentence. Predictably, knowledge of the identical origin of the two convictions would reduce the extra impact of the larceny conviction to negligible proportions. The trial judge denied petitioner's motion to dismiss the larceny charge, and petitioner was tried for both larceny and burglary.
Nevertheless, the unreviewed counts are, by hypothesis, not of immediate importance to his confinement, and our experience gives us no indication that they are frequently of such importance later that the concurrent sentence rule should not be applied.The unreviewed count is often one which, but for the concurrent sentence rule, the prisoner would have a right to challenge, either directly or on collateral attack. Compare Meade v. State, 198 Md. John Dalmer BENTON, Petitioner, v. State of MARYLAND. When it is recalled that petitioner had been convicted of three felonies even prior to his present burglary conviction,There remain the possibilities that petitioner's larceny conviction might be considered generally by a judge if and when petitioner is sentenced following some future conviction, and that the conviction might be used to impeach him in future judicial proceedings. at 1700, joined the opinion of Mr. Justice Clark in Ker v. California, supra; joined Mr. Justice White's dissenting opinion in Malloy v. Hogan, supra, at 33, 84 S.Ct., at 1506; wrote an opinion concurring in the result in Pointer v. Texas, supra, at 409, 85 S.Ct., at 1070; wrote a dissenting opinion in Griffin v. California, supra, at 617, 85 S.Ct., at 1234; and separately concurred in the result in Klopfer v. North Carolina, supra, at 226, 87 S.Ct., at 995. ["is grounded on this universal maxim of the common law of England that no man is to be brought into jeopardy of his life more than once for the same offence. . The trial judge denied petitioner's motion to dismiss the larceny charge, and petitioner was tried for both larceny and burglary. There was no protection against double jeopardy in Maryland from its state constitution. Whether reversal on such a record, after delayed review, would permit retrial or a hearing on a claim involving for example, a coerced confession, is yet a further question which there is no present need to address. See ante, at 792. 201. Below is a table of rights that have been incorporated to states via a U.S. Supreme Court decision. He was sentenced to 10 years in prison. The crucial issue, therefore, is what legitimate interest had the State in compelling petitioner to jeopardize his larceny acquittal as a condition of appealing his burglary conviction?I can perceive no legitimate state interest. 135. The crucial issue, therefore, is what legitimate interest had the State in compelling petitioner to jeopardize his larceny acquittal as a condition of appealing his burglary conviction?I can perceive no legitimate state interest. See ante, at 797-798.
'Maryland argues that Green does not apply to this case because petitioner's original indictment was absolutely void. '"The fundamental nature of the guarantee against double jeopardy can hardly be doubted.
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