Ex Parte Feryl John Granger

Summary

The Court held that a subsequent prosecution for the lesser included offense of murder is not barred by the Fifth Amendment double‑jeopardy clause when the original capital‑murder conviction was reversed for insufficiency of the remuneration element, and it rejected the lower court’s reliance on the law‑of‑the‑case doctrine. The dissent argued that the double‑jeopardy protection should bar the retrial.