Constitutional Law Keyed to Cohen
Palko v. Connecticut
Facts
Palko was charged with first-degree murder but a jury convicted him of second degree sentenced him to life in prison. Connecticut appealed to the Supreme Court of Errors and they reversed the judgment and ordered a new trial. Palko was brought to trial again, but before the jury was impaneled he made the objection that the effect of the new trial was to place him twice in jeopardy for the same offense. In doing so the state would violate the Fourteenth Amendment. The second jury returned a verdict of guilty for murder in the first degree and sentenced Palko to death.
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