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Palko v. Connecticut

United States Supreme Court
302 U.S. 319 (1937)


Facts

Palko (defendant) was tried for murder and convicted of the lesser-included offense of second-degree murder. The law in the state of Connecticut (plaintiff) allowed the prosecution to appeal any errors of law in criminal trial. The state court of appeals found errors of law with respect to the exclusion of evidence and faulty jury instructions. The state court of appeals ordered a new trial. Palko objected to a retrial on double jeopardy grounds. Palko was convicted at the new trial and appealed the conviction through the state courts. Palko’s conviction was upheld by the state courts and he petitioned the United States Supreme Court for review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning (Cardozo, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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