Marakar v. United States
Headline: Court grants review, vacates convictions, and orders dismissal of indictments charging several people with illegally bringing opium into the United States, ending those prosecutions under the specific indictments.
Holding:
- Orders dismissal of the indicted drug charges in New Jersey.
- Prevents further prosecution under the specific April 26, 1961 indictments.
- Allows these defendants to proceed in court without paying fees.
Summary
Background
Several people were separately indicted in New Jersey for illegally bringing opium into the United States. The Court allowed the defendants to proceed without paying fees and agreed to review their cases after the Solicitor General filed a motion and the full record was examined.
Reasoning
After examining the entire record, the Court granted review, vacated the lower-court judgments, and sent the cases back to the District Court for the District of New Jersey with instructions to dismiss the indictments that charged each person with illegally bringing opium into the country. Three Justices joined the Court’s disposition because they believed the Constitution’s protection against being tried twice for the same offense (the Double Jeopardy Clause) made further prosecution under the separate April 26, 1961 indictments impossible.
Real world impact
The effect is immediate: the indictments at issue must be dismissed and those particular prosecutions cannot proceed under those charges. The order also confirms that the named defendants may pursue their appeals without paying filing fees. The Court’s action resolves these cases in favor of the defendants on the procedural grounds stated in the opinion.
Dissents or concurrances
Three Justices explicitly joined the Court’s disposition on the ground that double jeopardy barred prosecution under the separate indictments, and one Justice did not participate in the consideration or decision of these cases.
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