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Norvell v. Illinois

• 1962 • 373 U.S. 420 • Warren Court
In the case of Norvell v. Illinois (1962), the U.S Supreme Court ruled on a matter concerning double jeopardy, which is being tried twice for the same crime. The petitioner, Norvell, was convicted in an Illinois state court for unlawful possession of narcotics and sentenced to imprisonment. While serving his sentence, he was indicted again by another grand jury for the same offense but with different dates specified in each indictment. He appealed this second conviction arguing that it violated...Open Case
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Chief Warren Court
Term: 1962
Docket: 513
373 U.S. 420
83 S. Ct. 1366
10 L. Ed. 2d 456
1963 U.S. LEXIS 1437
Argued: Apr 24, 1963

Norvell v. Illinois

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Opinion Summary
AI Abstract

In the case of Norvell v. Illinois (1962), the U.S Supreme Court ruled on a matter concerning double jeopardy, which is being tried twice for the same crime. The petitioner, Norvell, was convicted in an Illinois state court for unlawful possession of narcotics and sentenced to imprisonment. While serving his sentence, he was indicted again by another grand jury for the same offense but with different dates specified in each indictment. He appealed this second conviction arguing that it violated his Fifth Amendment right against double jeopardy as both indictments were based on one continuous act - possessing drugs over a period of time. The Supreme Court disagreed with Norvell's argument and upheld his second conviction stating that each day's possession constituted a new offense under Illinois law; therefore there had been no violation of double jeopardy rights because he wasn't prosecuted twice for exactly the same crime committed at exactly the same time.

Dissent Summary
AI Abstract

In the dissenting opinion for Norvell v. Illinois, Justice Douglas argued that the majority's decision was a departure from established precedent and violated principles of equal protection under the law. He contended that denying parolees in Illinois their right to vote while allowing other citizens with criminal records to do so created an arbitrary distinction without any rational basis. According to him, this unequal treatment could not be justified by claiming it served as additional punishment or deterrent because it did not apply uniformly to all individuals convicted of crimes but only those on parole. Furthermore, he believed that voting is a fundamental right and should not be denied arbitrarily or capriciously. Therefore, he disagreed with the majority's ruling upholding Illinois' disenfranchisement of parolees.

Opinion written by Justice WODouglas
Decided: May 27, 1963
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