# Greene v. Massey

> Supreme Court of the United States · June 14, 1978 · 437 U.S. 19

URL: https://www.frixlaw.com/law-library/cases/9427248

## Case

- **Full name:** Greene v. Massey, Correctional Superintendent
- **Court:** Supreme Court of the United States
- **Decided:** June 14, 1978
- **Citations:** 437 U.S. 19; 98 S. Ct. 2151; 57 L. Ed. 2d 15; 1978 U.S. LEXIS 106
- **Precedential status:** Published
- **Opinion:** Concurrence by Powell
- **Judges:** Burger, Brennan, Stewart, White, Marshall, Powell, Stevens, Rehnquist, Blackmun
- **Cited by:** 979 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9427248

## How later opinions describe it (automated extraction)

- holding Double Jeopardy Clause prevents State from retrying defendant after conviction has been reversed by appellate court on ground that evidence introduced at prior trial was insufficient, as matter of law, to sustain jury's verdict
- holding double jeopardy clause also bars subsequent retrial of lesser-included offense
- applying Double Jeopardy Clause in same manner to state convictions that have been overturned on appellate review for evidentiary insufficiency

## Opinion text

Mr. Justice Powell,
concurring.
I concur in the opinion of the Court except insofar as it states that the constitutional prohibition against double jeopardy is fully applicable to state criminal proceedings. See Crist v. Bretz, post, p. 40 (Powell, J., dissenting). I believe, however, that under our decision today in Burks v. United States, ante, p. 1, a fundamental component of the prohibition against double jeopardy is the right not to be retried once an appellate court has found the evidence insufficient as a matter of law to support the jury’s guilty verdict.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9427248. Public record. Not legal advice.