Menna v. New York, No. 75-5401

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation46 L.Ed.2d 195,96 S.Ct. 241,423 U.S. 61
Docket NumberNo. 75-5401
Decision Date17 November 1975
PartiesSteve MENNA v. State of NEW YORK

423 U.S. 61
96 S.Ct. 241
46 L.Ed.2d 195
Steve MENNA

v.

State of NEW YORK.

No. 75-5401.
Nov. 17, 1975.

PER CURIAM.

On November 7, 1968, after being 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 § 750 of the New York Judiciary Law 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 indicted for his refusal to answer questions before the Grand Jury on November 7, 1968. After asserting unsuccessfully that his 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 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, 93 S.Ct. 1602, 36 L.Ed.2d 235 (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, 30, 94 S.Ct. 2098, 2103, 40 L.Ed.2d 628 (1974).2 The motion

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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.

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...

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1039 practice notes
  • U.S. v. Delgado-Garcia, No. 03-3060.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • July 23, 2004
    ...jeopardy clause. Blackledge v. Perry, 417 U.S. 21, 30-31, 94 S.Ct. 2098, 2103-04, 40 L.Ed.2d 628 (1974); see also Menna v. New York, 423 U.S. 61, 62-63 & n. 2, 96 S.Ct. 241, 242, 46 L.Ed.2d 195 (1975) (per curiam). This is the so-called "Blackledge/Menna" exception. The second is that the c......
  • Haring v. Prosise, No. 81-2169
    • United States
    • United States Supreme Court
    • June 13, 1983
    ...U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974); Lefkowitz v. Newsome, 420 U.S. 283, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975); Menna v. New York, 423 U.S. 61, 96 S.Ct. 241, 46 L.Ed.2d 195 (1975) (per curiam ). In Brady, we reaffirmed that a guilty plea is not simply "an admission of past conduct,"......
  • United States v. Bank, Criminal No. 2:17cr126
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • May 8, 2019
    ...Jeopardy claim. Defendants are permitted to waive their constitutional right to assert a Double Jeopardy claim. See Menna v. New York, 423 U.S. 61, 62 n.2, 96 S.Ct. 241, 46 L.Ed.2d 195 (1975) ; see also United States v. Van Waeyenberghe, 481 F.3d 951, 957 (7th Cir. 2007). However, the Supre......
  • State v. Madera
    • United States
    • Supreme Court of Connecticut
    • December 17, 1985
    ...contendere, a defendant may challenge his conviction if the conviction is in violation of the double jeopardy clause; Menna v. New York, 423 U.S. 61, 96 S.Ct. 241, 46 L.Ed.2d 195 (1975); if the court lacks subject matter jurisdiction over the case; Blackledge v. Perry, 417 U.S. 21, 94 S.Ct.......
  • Request a trial to view additional results
1041 cases
  • U.S. v. Delgado-Garcia, No. 03-3060.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • July 23, 2004
    ...jeopardy clause. Blackledge v. Perry, 417 U.S. 21, 30-31, 94 S.Ct. 2098, 2103-04, 40 L.Ed.2d 628 (1974); see also Menna v. New York, 423 U.S. 61, 62-63 & n. 2, 96 S.Ct. 241, 242, 46 L.Ed.2d 195 (1975) (per curiam). This is the so-called "Blackledge/Menna" exception. The second is that the c......
  • Haring v. Prosise, No. 81-2169
    • United States
    • United States Supreme Court
    • June 13, 1983
    ...U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974); Lefkowitz v. Newsome, 420 U.S. 283, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975); Menna v. New York, 423 U.S. 61, 96 S.Ct. 241, 46 L.Ed.2d 195 (1975) (per curiam ). In Brady, we reaffirmed that a guilty plea is not simply "an admission of past conduct,"......
  • United States v. Bank, Criminal No. 2:17cr126
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • May 8, 2019
    ...Jeopardy claim. Defendants are permitted to waive their constitutional right to assert a Double Jeopardy claim. See Menna v. New York, 423 U.S. 61, 62 n.2, 96 S.Ct. 241, 46 L.Ed.2d 195 (1975) ; see also United States v. Van Waeyenberghe, 481 F.3d 951, 957 (7th Cir. 2007). However, the Supre......
  • State v. Madera
    • United States
    • Supreme Court of Connecticut
    • December 17, 1985
    ...contendere, a defendant may challenge his conviction if the conviction is in violation of the double jeopardy clause; Menna v. New York, 423 U.S. 61, 96 S.Ct. 241, 46 L.Ed.2d 195 (1975); if the court lacks subject matter jurisdiction over the case; Blackledge v. Perry, 417 U.S. 21, 94 S.Ct.......
  • Request a trial to view additional results

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