Abbate v. United States
359 U.S. 187 · Decided March 30, 1959 · 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
Abbate v. United States was decided on March 30, 1959 by a vote of 6–3. The Court affirmed the lower court's decision. Justice William J. Brennan Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Double jeopardy” in the Criminal Procedure area.
Read the opinion
Case details
- Citations
- 359 U.S. 187 · 79 S. Ct. 666 · 3 L. Ed. 2d 729 · 1959 U.S. LEXIS 1264
- Docket number
- 7
- Decided
- March 30, 1959
- Argued
- October 22, 1958
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–3
- Majority opinion
- William J. Brennan Jr.
- Opinion assigned by
- Felix Frankfurter
- How the case arrived
- Certiorari
- Issue (SCDB)
- Double jeopardy
- Issue area
- Criminal Procedure
- Legal provision
- Fifth Amendment (double jeopardy)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | Wrote an opinion |
| Justice Felix Frankfurter | Majority | |
| Justice William O. Douglas | Dissent | |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Dissent | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | Wrote an opinion |
| Justice Charles E. Whittaker | Majority | |
| Justice Potter Stewart | Majority |
Full case caption
Abbate et al. v. United States
SCDB identifiers: case 1958-068, docket 1958-068-01.
Related decisions
Other cases on “Double jeopardy”
- Bartkus v. Illinois
- Koller v. United States
- Harris v. United States
- Williams v. Oklahoma
- Gore v. United States
- Hoag v. New Jersey
Cases on the same legal provision: Fifth Amendment (double jeopardy)
Same Term, same area (Criminal Procedure)
- Hawkins v. United States
- Ladner v. United StatesAltered precedent
- United States ex Rel. Jennings v. Ragen
- Draper v. United States
- Greene v. United States
- Heflin v. United States
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