After Frank Palko was sentenced to death by the state of Connecticut, the Supreme Court ruled that

In Palko v. Connecticut (1937), the Supreme Court ruled that the protection against double jeopardy in the Fifth Amendment did not apply to the states through the Fourteenth Amendment. Connecticut could retry Palko after successfully appealing his first conviction, so the Court upheld his conviction and death sentence. The correct choice is “his conviction and execution should be upheld.”

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