Duncan v. Tennessee
405 U.S. 127 · Decided February 23, 1972 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Duncan v. Tennessee was decided on February 23, 1972 by a vote of 6–3. SCDB codes the disposition as “petition denied or appeal dismissed.” The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Double jeopardy” in the Criminal Procedure area.
Read the opinion
Case details
- Citations
- 405 U.S. 127 · 92 S. Ct. 785 · 31 L. Ed. 2d 86 · 1972 U.S. LEXIS 92
- Docket number
- 70-5122
- Decided
- February 23, 1972
- Argued
- January 13, 1972
- Court era
- Burger Court
- Decision type
- Per curiam (orally argued)
- Disposition
- Petition denied or appeal dismissed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–3
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Double jeopardy
- Issue area
- Criminal Procedure
- Legal provision
- Writ improvidently granted
- Type of law
- Other
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority |
Full case caption
Duncan v. Tennessee
SCDB identifiers: case 1971-059, docket 1971-059-01.
Related decisions
Other cases on “Double jeopardy”
- Colombo v. New York
- Harris v. Washington
- Turner v. Arkansas
- Simpson v. Florida
- One Lot Emerald Cut Stones and One Ring v. United States
- Illinois v. Somerville
Cases on the same legal provision: Writ improvidently granted
- Iowa Beef Packers, Inc. v. Thompson
- Sarno v. Illinois Crime Investigating Commission
- McClanahan v. Morauer & Hartzell, Inc.
- Murel v. Baltimore City Criminal Court
- Bostic v. United States
- Triangle Improvement Council v. Ritchie
Same Term, same area (Criminal Procedure)
- Harris v. Washington
- Cruz v. Hauck
- Wilwording v. Swenson
- Santobello v. New York
- Picard v. Connor
- United States v. Campos-Serrano
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error