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Divans v. California, 439 U.S. 1367 (1978)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Divans v. California, 439 U.S. 1367 (1978)
Divans v. California No. A-233 Decided September 1, 1978 439 U.S. 1367
ON APPLICATION FOR STAY
Syllabus
Application to stay, pending the filing of a petition for certiorari, California Superior Court’s retrial of applicant for murder is denied. The application contains nothing to contradict the Superior Court’s finding that the prosecutor’s error that resulted in a mistrial at the first trial was not calculated to force applicant to move for a mistrial, and, accordingly, it is unlikely that this Court would grant certiorari to review applicant’s double jeopardy claim.
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Chicago:
U.S. Supreme Court, "Syllabus," Divans v. California, 439 U.S. 1367 (1978) in 439 U.S. 1367 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=KJZB24LTMRW4FGL.
MLA:
U.S. Supreme Court. "Syllabus." Divans v. California, 439 U.S. 1367 (1978), in 439 U.S. 1367, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=KJZB24LTMRW4FGL.
Harvard:
U.S. Supreme Court, 'Syllabus' in Divans v. California, 439 U.S. 1367 (1978). cited in 1978, 439 U.S. 1367. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=KJZB24LTMRW4FGL.
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