Louisiana ex rel. Francis v. Resweber, Sheriff, et al.
The Court held that attempting a second execution of a man in the electric chair, after the first attempt failed, did not constitute double jeopardy or cruel and unusual punishment.· AI-written
329 U.S. 459 · No. 142 · 1946 term · Vinson Court
Decided Jan 13, 1947 · argued Nov 18, 1946
Criminal procedure · Cruel and unusual punishment, death penalty
Landmark · Capital punishment
Majority opinion: Stanley Reed
The voteMajorityDissent
5–45 in the majority, 4 in dissent
4 dissents (5–4)
Affirmed. Louisiana ex rel. Francis lost.
What this ruling means
Affirmed: the Supreme Court upheld the decision of the Louisiana Supreme Court, so it stands (sometimes with changes the Court made to it).
Louisiana ex rel. Francis was the petitioner, the side that asked the Supreme Court to review the case. “Lost” means the Court did not give that side the result it asked for.
From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.
Summary
The opening of the case’s Wikipedia article: what the case was about and what the Court held.
Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947), is a case in which the U.S. Supreme Court was asked whether imposing capital punishment (the electric chair) a second time, after it failed in an attempt to execute Willie Francis in 1946, constituted a violation of the United States Constitution. The issues raised surrounded the double jeopardy clause of the Fifth Amendment, and the cruel and unusual punishment clause of the Eighth Amendment, as made applicable to the State of Louisiana via the due process clause of the Fourteenth Amendment.
In an opinion by Justice Stanley Forman Reed, which three other justices (Chief Justice Vinson and Associate Justices Hugo Black and Robert H. Jackson) joined, and with which Justice Felix Frankfurter concurred, the Court held that re-executing Francis did not constitute double jeopardy or cruel and unusual punishment. Justice Reed wrote,
Our minds rebel against permitting the same sovereignty to punish an accused twice for the same offense. But where the accused successfully seeks review of a conviction, there is no double jeopardy upon a new trial. Even where a state obtains a new trial after conviction because of errors, while an accused may be placed on trial a second time, it is not the sort of hardship to the accused that is forbidden by the Fourteenth Amendment ... For we see no difference from a constitutional point of view between a new trial for error of law at the instance of the state that results in a death sentence instead of imprisonment for life and an execution that follows a failure of equipment. When an accident, with no suggestion of malevolence, prevents the consummation of a sentence, the state's subsequent course in the administration of its criminal law is not affected on that account by any requirement of due process under the Fourteenth Amendment. We find no double jeopardy here which can be said to amount to a denial of federal due process in the proposed execution. (Citations omitted).
Dissenting, however, Justice Harold Burton (joined by Justices William O. Douglas, Frank Murphy, and Wiley Rutledge) argued,
How many deliberate and intentional reapplications of electric current does it take to produce a cruel, unusual and unconstitutional punishment? While five applications would be more cruel and unusual than one, the uniqueness of the present case demonstrates that, today, two separated applications are sufficiently 'cruel and unusual' to be prohibited.
Data notes
The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 1946 term. Filled: the 5 in the majority. Hollow: the 4 in dissent. Colour is the party of the president who appointed them.
Majority(5)
Stanley ReedWrote the majority opinion
Felix FrankfurterWrote a concurrence
Hugo BlackJoined the majority
Frederick VinsonJoined the majority
Robert JacksonJoined the majority
Dissent(4)
Harold BurtonWrote a dissent
Frank MurphyJoined a dissent
Wiley RutledgeJoined a dissent
William DouglasJoined a dissent
Data notes
Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.
Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- Louisiana ex rel. FrancisPerson convicted of crime
- Respondent
- Resweber, Sheriff, et al.State (Louisiana)
- Reached the Court by
- Certiorari (the Court chose to hear it)
Data notes
The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- Fourteenth Amendment (equal protection)
- Kind of law
- Constitutional Amendment
- Decided by
- Judicial review (state level)
Data notes
The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.
Timeline
What happened at the Court and how the case got there, newest first.
- Jan 13, 1947DecidedDecided · Decided 5–4: affirmed. Louisiana ex rel. Francis lost.
- Nov 18, 1946ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
- Not datedCourt belowCourt below · Decided by the Louisiana Supreme Court: petition denied or appeal dismissed.
- Not datedBeganBegan · The case began in the Louisiana trial court.
Data notes
From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.
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Data notes
Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.
Official record
Read the full opinion on Justia and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.