Supreme Court of the United States
Missouri v. Hunter
January 19, 1983459 U.S. 359
Summary
The Court held that the Double Jeopardy Clause does not prohibit cumulative punishments imposed in a single trial when the legislature has clearly authorized them, even if the offenses are the same under the applicable same-offense test. Missouri clearly intended cumulative punishment for first-degree robbery and armed criminal action, so the state appellate court erred by vacating the armed-criminal-action conviction and sentence. The judgment was vacated and the case remanded.
Holding
- Cumulative punishment for robbery and armed criminal action. The Double Jeopardy Clause permits cumulative punishments in a single trial for offenses that may constitute the same offense under the same-offense test when the legislature has specifically authorized cumulative punishment. Missouri's clear legislative authorization therefore permitted the separate conviction and sentence for armed criminal action in addition to the robbery conviction and sentence.
Docket 81-1214
Cited authorities
- Mo. Rev. Stat. § 560.120
- Mo. Rev. Stat. § 560.120
- Mo. Rev. Stat. § 559.225
Cited by
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- The State, Respondent v. Kenneth Wayne Easler, Petitioner
- The State of Texas v. Michael Perez, Appellee
- State of Missouri, Respondent v. Alan M. McTush, Appellant
- Antonio Manrique, Appellant v. the State of Texas