Whalen v. United States
445 U.S. 684 · Decided April 16, 1980 · 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
Whalen v. United States was decided on April 16, 1980 by a vote of 7–2. The Court reversed the lower court's decision and remanded the case. Justice Potter Stewart 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
- 445 U.S. 684 · 100 S. Ct. 1432 · 63 L. Ed. 2d 715 · 1980 U.S. LEXIS 15
- Docket number
- 78-5471
- Decided
- April 16, 1980
- Argued
- November 27, 1979
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 7–2
- Majority opinion
- Potter Stewart
- Opinion assigned by
- William J. Brennan Jr.
- 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)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | Wrote an opinion |
| Justice Byron R. White | Special concurrence | Wrote an opinion |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Dissent | |
| Justice Harry A. Blackmun | Special concurrence | Wrote an opinion |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Dissent | Wrote an opinion |
| Justice John Paul Stevens | Majority |
Full case caption
Whalen v. United States
SCDB identifiers: case 1979-069, docket 1979-069-01.
Related decisions
Other cases on “Double jeopardy”
- Illinois v. Vitale
- Thompson v. United States
- United States v. Difrancesco
- Hudson v. Louisiana
- Albernaz v. United States
- Bullington v. Missouri
Cases on the same legal provision: Fifth Amendment (double jeopardy)
Same Term, same area (Criminal Procedure)
- Pilon v. Bordenkircher
- Perrin v. United States
- Ybarra v. Illinois
- Thompson v. United States
- United States v. Bailey
- Tague v. Louisiana
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