University Daily Kansan / Tuesdav. April 28, 1992
11
THE SUPREME COURT
Justices to determine latitude of double-jeopardy protection
The Associated Press
WASHINGTON — The Supreme Court yesterday said it would decide whether a person imprisoned for defying a judge also may be criminally prosecuted for the conduct that led to the contempt conviction.
The court will use two cases from the District of Columbia to review what federal prosecutors say is an important question about the scope of double-jersey protections.
A decision is expected sometime in 1983.
In other matters yesterday, the court:
■ Refused to revive an invasion-of-privacy lawsuit over a photograph a Louisville, Ky., newspaper published after a gunman's rampage left nine people dead. The justices let stand state court rulings that threw out a suit against The Courier Journal by the family of one of the shootings victims.
Sidestepped a federal housing dispute from Alabama that might have forced the administration to clarify its seemingly inconsistent views on the retroactivity of the Civil Rights Act of 1991.
In the double-jeopardy case, a District of Columbia court last year barred criminal prosecutions for
deadly assault and possession of cocaine.
Part of the Constitution's Fifth Amendment says no one should be subject for the same offense to be twice put in jeopardy — charged twice for the same crime.
The lower court ruled that forcing Alan Dixon and Michael Foster to stand trial would violate their constitutional right against double jeopardy because each had earlier received contempt-of-court prison sentences for the same conduct.
Dixon was arrested in 1987 on a charge of second-degree murder. As a condition of his release on pretrial bail, Dixon was told he could not commit any crime.
In early 1988, while awaiting trial on the murder charge, he was indicted on a charge of possessing cocaine with intent to distribute. Dixon was convicted of criminal contempt for violating the conditions of his pretrial release and was sentenced to six months in jail.
He then tried to have his cocaine indictment dismissed, arguing that being criminally prosecuted on charge would violate his double-jeopardy protection. A trial judge agreed and dismissed the indictment.
In Foster's case, his estranged wife obtained a protection order against him in 1867. She alleged that he had abused her repeatedly. The court order said Foster had to stay away from his wife and her mother for a year.
He was convicted of contempt and sentenced to 600 days in prison for having violated that order by conduct that included two assaults against his wife with intent to kill. Later Foster was indicted on the same conduct that constituted his contempt of court.
Foster sought to have the indictment dismissed, but a federal judge refused.
Consolidating both cases, the court of appeals said neither man should have to stand trial.
The lower court relied heavily on a 1990 Supreme Court decision that expanded double-jewelry rights.
In that 5-4 ruling, in a case called Grady vs. Corbin, the court said a motorist who pleads guilty to drunken driving and related traffic offences in a fatal car crash could not be prosecured later for homicide and assault.
In the appeal acted on yesterday, administration lawyers argued that the lower court misinterpreted the 1990 decision.
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ConnectingPoint COMPUTER CENTER Free parking in rear of store Open M-F: 10am-6pm, Sat: 10-5 813 MASS·DOWNTOWN LAWRENCE·843-7584
$9.99 CD $6.99
Cassette
Sale ends 5/5/92
1403 W. 23rd Street 842-7173 STAY STREETSMART, SHOP STREETSIDE!
The University of Kansas Theatre Presents the World Premiere Production of
FESTIVAL RENEWAL
Written and Directed by OMOFOLABO AJAYI
8:00 pm. APRIL 30, MAY 1 and 2, 1992
2:30 p.m. MAY 3, 1992
Crafton-Preyer Theatre /Murphy Hall
Tickets on sale in the Murphy Hall Box Office; KU student tickets available at the SUA office, Kansas Union; all seats reserved; public S7, KU students $3.50, senior citizens and other students $6; to charge tickets by phone, using VISA or MasterCard, call 913-648-3928.
This production is partially funded by the KU Student Senate Activity Fee.
Dickinson
Dickinson 841 8600
Dickinson 2339 IOWA 51
FERNGULLY (G)
(*4:35) 7:05 9:00
BASIC INSTINCT (R)
(*4:50), 7:15, 9:45
SLEEPWALKERS (R)
(*5:15). 7:20.9:15
PAST AWAY (PG-13)
(*5:00), 7:00, 9:20
DEEPCOVER (R)
9:35
THE CUTTING EDGE(PG)
(*5/05)* 7.20
THE BABE (PG)
(*4:45), 7:10, 9:40
Will still offer students the $3.50 price at all evening shows.
63 Prime Timer Show (-) Senior Citizen Anytime
Crown Cinema
VARSITY
1015 MASSACHUSETTS 841-5191
BEFORE 6 P.M. ADULTS $3.00
(LIMITED TO SEATING)
SENIOR CITIZENS - $3.00
Brain Donors (PG) 500
HILLCREST
925 IOWA 841-5191
White Sands (R) 5:00 7:15 9:30
Brain Donors (PG) 500
City of Joy (PG) 5:15 8:00
Year of the Comet (PG-135) 7:09 9:45
White Man Cent Lump (R) 5:00 7:15 9:30
Thunderhead (R) 5:00 7:15 9:30
Wayne's World (PG-13) 730 930 945
CINEMA TWIN
CINEMA TWIN 841 5191
1110 IOWA
Straight Tak (PG) 5:30 7:30 9:30
Beethoven (PG) 5:20 7:20 9:15
SHOWTIMES FOR TODAY ONLY
The University of Kansas Commencement Video
The KU commencement video will capture highlights of the year, the scenic campus and the commencement activities, rain or shine.
Cost: $28.46 per VHS tape, including shipping and handling.
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(Kansas residents add $1.49 sales tax.
Total: $29.95).
Make checks payable to: The University of Kansas
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Allow 6 to 8 weeks after commencement for delivery