Waller v. Florida (1969)
- Docket
- 24
- Decided
- 1969-01-01
- Category
- General
Summary
Question: Do successive municipal and state prosecutions involving charges arising out of the same conduct violate the Fifth Amendment’s protection against double jeopardy? Conclusion: Yes. Chief Justice Warren E. Burger, writing for a unanimous court, vacated the circuit court conviction. The Supreme Court held that Waller was put twice in jeopardy because the circuit court charges were based on the same acts as the municipal court charges. State and municipal courts are part of one sovereign judicial system. Justice Hugo L. Black concurred, but noted that state and federal governments should not be considered separate sovereignties for double jeopardy purposes. Justice William J. Brennan also concurred, writing that double jeopardy bars a second trial for charges arising out of the same acts unless the case falls within an exception to the “same transaction” rule.