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Criminal Procedure Keyed to Ohlin
Blackledge v. Perry
Citation:
417 U.S. 21 (1974)Facts
While serving a term of imprisonment in a North Carolina penitentiary, the respondent Perry became involved in an altercation with another inmate. A warrant issued, charging Perry with the misdemeanor assault with a deadly weapon. Perry was then filed a notice of appeal to the Northampton County Superior Court. After the filing of the notice of appeal, but prior to the respondent’s appearance for trial in the Superior Court, the prosecutor obtained an indictment from a grand jury, charging Perry with the felony of assault with a deadly weapon with intent to kill. The indictment covered the same conduct for which Perry had been tried and convicted in the District court. Perry entered a guilty plea to the indictment in the Superior Court. A number of months later, the respondent filed an application in the United States District Court, claiming that the indictment on the felony charge in the Superior Court constituted double jeopardy and also deprived him of due process of law.
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