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Brown v. Ohio
United States Supreme Court
432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977)
Brown (defendant) was arrested in Wickliffe, Ohio for driving a car he stole in East Cleveland nine days before. He was charged with “joyriding,” the taking or operating of a car without the owner’s consent. Brown was convicted and sentenced to 30 days in jail. Upon his release, he was then arrested by East Cleveland police and charged with auto theft. “Joyriding” is a lesser included offense in the felony of auto theft. Over Brown’s double jeopardy objections, he was convicted of auto theft. The state court of appeals affirmed.
Rule of Law
Holding and Reasoning (Powell, J.)
Concurrence (Brennan, J.)
Dissent (Blackmun, J.)
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