Grubb v. Oklahoma, 409 U.S. 1017

Grubb v. Oklahoma

409 U.S. 1017

SCOTUS

1972

Check Treatment

RAO v. BOARD OF COUNTY COMMISSIONERS (PIERCE COUNTY) ET AL.

No. 72-345

Sup. Ct. Wash.

1017

Certiorari denied.

not that, but the administration of the law. I use the word law in its largest sense—where the prosecution as well as the defense is required to live within the spirit and letter of the constitutional rules designed to keep Government off the backs of the people and to take no shortcuts because of public hysteria or political pressures.

That question concerning the applicability of the pretrial procedures laid out in

Alderman to the protection of Sixth Amendment claims makes this case a singularly appropriate occasion for laying down the ground rules that will apply in federal trials.

No. 72-345.

RAO v. BOARD OF COUNTY COMMISSIONERS (PIERCE COUNTY) ET AL. Sup. Ct. Wash. Motion to dispense with printing petition granted. Certiorari denied.

GRUBB v. OKLAHOMA

No. 72-5247

Ct. Crim. App. Okla.

1017

No. 72-5247.

GRUBB v. OKLAHOMA. Ct. Crim. App. Okla. Certiorari denied.

MR. JUSTICE BRENNAN, with whom MR. JUSTICE DOUGLAS and MR. JUSTICE MARSHALL concur, dissenting.

Petitioner and Lynette Murphy lived together as husband and wife in Collinsville, Oklahoma, from September 1970 through the end of January 1971. After leaving petitioner, Lynette went to live with her sister and brother-in-law, Lana and Larry Sanders, in Collinsville. At approximately 8 p. m. on February 2, 1971, petitioner went to the Sanders’ residence, displayed a gun, and informed Gary Hany, another occupant, that he intended to take Lynette with him. After a wait of approximately 45 minutes, Lynette, Lana, and Larry arrived at the residence. Petitioner told Lynette that if she refused to go with him he would kill them all. Lynette became “kind of shook up” and agreed to go. Petitioner then took Larry Sanders’ money (three dollars) and car keys, and left with Lynette in the Sanders’ car. After an extensive chase, petitioner was apprehended by the Oklahoma police and was charged with kidnaping, two counts of armed robbery, and unauthorized use of a motor vehicle.^*

Although all of these charges arose out of the “same transaction or occurrence,” they were prosecuted by the State in two separate proceedings. At the first trial, petitioner was convicted of the armed robbery of Larry Sanders. At the second trial, he was convicted of kidnaping Lynette Murphy, and was acquitted of a charge of armed robbery of Lana Sanders. Petitioner‘s contention that this second prosecution was barred by the provisions against double jeopardy in both the State and Federal Constitutions was rejected by the Oklahoma Court of Criminal Appeals, one judge dissenting.

Grubb v. State, 497 P.2d 1305 (1972).

I would grant the petition for certiorari and reverse. I adhere to my view that the Double Jeopardy Clause of the Fifth Amendment, which is applicable to the States through the Fourteenth Amendment,

Benton v. Maryland, 395 U.S. 784 (1969), requires the prosecution, except in most limited circumstances not present here, “to join at one trial all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction.” (concurring opinion); see (dissenting opinion); (concurring opinion). Under this “same transaction” test, all charges against petitioner should have been brought in a single prosecution.

No. 72-5299.

SALTER v. UNITED STATES. C. A. 9th Cir. Certiorari denied. MR. JUSTICE STEWART would grant certiorari.

No. 71-6594.

TYLER v. PARKS, ante, p. 858;

No. 71-6691.

ZIMMER v. GAFFNEY, WARDEN, ante, p. 862;

No. 71-6729.

WEAVER v. CALIFORNIA DEPARTMENT OF CORRECTIONS ET AL., ante, p. 864;

No. 71-6813.

FERMIN v. RICHARDSON, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ante, p. 868;

No. 71-6819.

NELSON v. BUTLER, PRISON SUPERINTENDENT, ante, p. 869;

No. 71-6861.

DOCKERY v. CALIFORNIA, ante, p. 871; and

No. 72-5067.

WIMBERLEY ET AL. v. LYNCH, ATTORNEY GENERAL OF CALIFORNIA, ET AL., ante, p. 882. Petitions for rehearing denied.

No. 71-1270.

MCKEE v. UNITED STATES, 407 U. S. 910, and ante, p. 899. Motion for leave to file second petition for rehearing denied.

No. 71-1401.

SMITH, TRUSTEE v. BAKER ET AL., ante, p. 890. Petition for rehearing denied. MR. JUSTICE BLACKMUN took no part in the consideration or decision of this petition.

No. 71-5689.

NACHBAUR v. HERMAN, 405 U. S. 931. Second motion for leave to file petition for rehearing denied.

Notes

The charge of unauthorized use of a motor vehicle was dismissed by the trial court on the ground that it violated petitioner‘s right against double jeopardy. The court apparently ruled that the prosecution for armed robbery of Larry Sanders, which included the forcible taking of Sanders’ car keys, precluded an additional prosecution for unauthorized use of the vehicle itself.