[DOWNLOAD] "Cox v. Kansas" by United States Court of Appeals for the Tenth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cox v. Kansas
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 14, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
SUMMARY DISPOSITION This is an appeal from dismissal of a state prisoner habeas corpus action in the United States District Court for the District of Kansas. Cox is presently serving a sentence imposed upon his plea of guilty to second degree kidnapping. This is the second time he has questioned his conviction and sentence on that charge in this Court. The background information pertinent to this case is set out in our prior opinion at Cox v. Crouse, 376 F.2d 824 (10th Cir. 1967), cert. denied 389 U.S. 865, 88 S. Ct. 128, 19 L. Ed. 2d 136, and will not be repeated here. In that case, as here, Cox alleged that he was twice placed in jeopardy for the same offense. We held that by his plea of guilty he waived any defense of double jeopardy. This same claim is reasserted in the instant case; in support of this repetition, it is urged that the recent case of Benton v. Maryland, 395 U.S. 784, 89 S. Ct. 2056, 23 L. Ed. 2d 707 (1969) dictates a different result from that reached in the prior case. However, our previous case simply held that the defense had been waived; no opinion was expressed on either the applicability to the states of the rule proscribing double jeopardy or the presence of double jeopardy as a matter of fact in this case. Accordingly, our prior case is dispositive of the double jeopardy argument.