State of Oklahoma v. Burton Olen Walker

Oklahoma City, Oklahoma, criminal defense lawyer represented the Defendant charged with Assault and Battery Upon a Police Officer.

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The Florida Courts sustained the conviction and Waller appealed to the United States Supreme Court. That Court said:

"[W]e hold that on the basis of the facts upon which the Florida District Court of Appeal relied petitioner could not lawfully be tried both by the municipal government and by the State of Florida. In this context a `dual sovereignty' theory is an anachronism, and the second trial constituted double jeopardy violative of the Fifth and Fourteenth Amendments to the United States Constitution."

¶6 The factual situation in the case at bar differs substantially from Waller, supra. Additionally, in Waller there was but one criminal transaction prosecuted twice under different names. In the instant case, the defendant was charged with separate offenses each arising from the same transaction.

The Defendant was sentenced to sixty (60) days in the county jail and to pay a fine of Two Hundred ($200.00) Dollars, with the last thirty (30) days of the jail sentence being suspended by the court.