Petitioner's guilty plea to a charge of refusal to answer
questions before a grand jury after having been granted immunity
held not to bar his claim that the Double Jeopardy Clause
precluded the State from haling him into court on that charge after
he had been sentenced to a jail term for contempt of court for his
failure to testify before the grand jury.
Certiorari granted; 36 N.Y.2d 930, 335 N.E.2d 848, reversed and
remanded.
PER CURIAM.
On November 7, 1968, after having been granted immunity,
petitioner refused to answer questions put to him before a duly
convened Kings County, N.Y., grand jury which was investigating a
murder conspiracy. On March 18, 1969, petitioner refused to obey a
court order to return to testify before the same grand jury in
connection with the same investigation. On that date, petitioner
was adjudicated in contempt of court under N.Y.Jud.Law § 750 (1968)
for his failure to testify before the grand jury; and, on March 21,
1969, after declining an offer to purge his contempt, petitioner
was sentenced to a flat 30-day term in civil jail. Petitioner
served his sentence.
On June 10, 1970, petitioner was indicated for his refusal to
answer questions before the grand jury on November 7, 1968. After
asserting unsuccessfully that this indictment should be dismissed
under the Double Jeopardy Clause of the Fifth Amendment to the
United States Constitution, petitioner pleaded guilty to the
indictment and was sentenced on his plea.
Page 423 U. S. 62
Petitioner appealed, claiming that the Double Jeopardy Clause
precluded the State from haling him into court on the charge to
which he had pleaded guilty.{1} The New York Court of Appeals
affirmed the conviction, declining to address the double jeopardy
claim on the merits. It held, relying,
inter alia, on
Tollett v. Henderson, 411 U. S. 258
(1973), that the double jeopardy claim had been "waived" by
petitioner's counseled plea of guilty.
We reverse. Where the State is precluded by the United States
Constitution from haling a defendant into court on a charge,
federal law requires that a conviction on that charge be set aside
even if the conviction was entered pursuant to a counseled plea of
guilty.
Blackledge v. Perry, 417 U. S.
21,
417 U. S. 30
(1974).{2} The motion
Page 423 U. S. 63
for leave to proceed
in forma pauperis and the petition
for certiorari are granted, and the case is remanded to the New
York Court of Appeals for a determination of petitioner's double
jeopardy claim on the merits, a claim on which we express no
view.
So ordered.
MR. JUSTICE BRENNAN agrees that,
"[w]here the State is precluded by the United States
Constitution from haling a defendant into court on a charge,
federal law requires that a conviction on that charge be set aside
even if the conviction was entered pursuant to a counseled plea of
guilty,"
ante at
423 U. S. 62,
but, on his view that the Double Jeopardy Clause bars the
prosecution from mounting successive prosecutions for offenses
growing out of the same criminal transaction, he believes that the
proper disposition of the case is not a remand, but outright
reversal.
See Ashe v. Swenson, 397 U.
S. 436,
397 U. S.
453-454 (1970) (BRENNAN, J., concurring).
THE CHIEF JUSTICE and MR. JUSTICE REHNQUIST would grant the
petition for a writ of certiorari and set the case for oral
argument.
The State concedes that petitioner's double jeopardy claim is a
strong one on the merits. In light of the flat 30-day sentence
imposed, the earlier contempt adjudication was a criminal
conviction,
People v. Colombo, 31 N.Y.2d 947, 293 N.E.2d
247 (1972), on remand from
Colombo v. New York,
405 U. S. 9 (1972),
and New York law supports the proposition that the earlier
conviction was based, at least in part, on the failure to answer
questions on November 7, 1968, and was thus for the same crime as
the one charged in the instant indictment.
In re Capio v.
Justices of the Supreme Court, 41 App.Div.2d 235, 342 N.Y.S.2d
100 (1973),
aff'd, 34
N.Y.2d 603, 310 N.E.2d 547 (1974);
People v. Matra, 42
App.Div.2d 865, 346 N.Y.S.2d 872 (1973).
Neither
Tollett v. Henderson, 411 U.
S. 258 (1973), nor our earlier cases on which it relied,
e.g., Brady v. United States, 397 U.
S. 742 (1970), and
McMann v. Richardson,
397 U. S. 759
(1970), stand for the proposition that counseled guilty pleas
inevitably "waive" all antecedent constitutional violations. If
they did so hold, the New York Court of Appeals might be correct.
However, in
Tollett, we emphasized that waiver was not the
basic ingredient of this line of cases, 411 U.S. at
411 U. S. 266.
The point of these cases is that a counseled plea of guilty is an
admission of factual guilt so reliable that, where voluntary and
intelligent, it
quite validly removes the issue of factual
guilt from the case. In most cases, factual guilt is a sufficient
basis for the State's imposition of punishment. A guilty plea,
therefore, simply renders irrelevant those constitutional
violations not logically inconsistent with the valid establishment
of factual guilt and which do not stand in the way of conviction,
if factual guilt is validly established. Here, however, the claim
is that the State may not convict petitioner no matter how validly
his factual guilt is established. The guilty plea, therefore, does
not bar the claim.
We do not hold that a double jeopardy claim may never be waived.
We simply hold that a plea of guilty to a charge does not waive a
claim that -- judged on its face -- the charge is one which the
State may not constitutionally prosecute.
Comments
Be the first to comment
Leave a Comment