TaiLexi AI U.S. Case Law

Carruth v. Ault

Carruth v. Ault, 203 S.E.2d 158 (Ga. 1974)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
January 7, 1974
Docket
No. 28259
Judges
Gunter
Citations
203 S.E.2d 158231 Ga. 5471974 Ga. LEXIS 1133
Cited by 9

Opinion — Gunter

Gunter, Justice.

The only issue in this habeas corpus appeal is the prisoner’s complaint that he was subject to double jeopardy by virtue of receiving punishment administered by officials in the Executive Department of the State Government and by being convicted of a crime committed while a prison inmate, the administrative punishment and the court sentence being assessed for the same act.

The habeas corpus court issued the writ, conducted a hearing, and then entered a judgment remanding the appellant to custody. We affirm that judgment.

The constitutional prohibition against double jeopardy is not violated when a prisoner is subjected to Executive Department punishment for an act committed while a prison inmate and is then prosecuted and convicted in a court of law for having committed a crime. This is so even though the crime and the act for which administrative punishment was assessed were one and the same. See Gilchrist v. United States, 427 F2d 1132 (5th Cir. 1970), and United States v. Lepiscopo, 429 F2d 258 (5th Cir. 1970).

Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1974: 11977: 31981: 11983: 31985: 119742026peak 1977 · 3

Relies on it most ⓘ

  1. Moore v. State481 So. 2d 914 (Ala. Crim. App. 1985)
  2. Hendrickson v. State284 S.E.2d 645 (Ga. Ct. App. 1981)
  3. Coggins v. State308 S.E.2d 36 (Ga. Ct. App. 1983)
  4. Mincey v. Hopper211 S.E.2d 283 (Ga. 1974)
  5. Coates v. Seay238 S.E.2d 422 (Ga. 1977)
  6. Flowers v. State306 S.E.2d 16 (Ga. Ct. App. 1983)

Most recent

  1. Moore v. State481 So. 2d 914 (Ala. Crim. App. 1985)
  2. Coggins v. State308 S.E.2d 36 (Ga. Ct. App. 1983)
  3. Flowers v. State306 S.E.2d 16 (Ga. Ct. App. 1983)
  4. Anderson v. State300 S.E.2d 163 (Ga. 1983)
  5. Hendrickson v. State284 S.E.2d 645 (Ga. Ct. App. 1981)
  6. Coates v. Seay238 S.E.2d 422 (Ga. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Lowry v. Norris Lake Shores Dev. Corp., 203 S.E.2d 169 (Ga. 1974) 7

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list