Monge v. California

Summary

The Court held that the Double Jeopardy Clause does not bar retrial of a prior-conviction allegation in a noncapital sentencing proceeding, even after the prosecution's evidence was found insufficient. Justice O'Connor's opinion, joined by Chief Justice Rehnquist and Justices Kennedy, Thomas, and Breyer, confined Bullington's exception to capital sentencing and treated the recidivism finding as a sentencing factor rather than an offense element. Justice Stevens dissented alone, arguing that evidentiary insufficiency bars another opportunity to prove the allegation. Justice Scalia, joined by Justices Souter and Ginsburg, agreed that double jeopardy generally does not apply to noncapital sentencing but argued that facts increasing the statutory maximum constitute offense elements, making retrial here unconstitutional.