However, this line of precedents was replaced by another, Benton v. Maryland.. In this case, the Fifth Amendment Double Jeopardy Clause was incorporated and made applicable to the states through the Fourteenth Amendment, overruling the previous Palko case. Due to the holding in Benton, it became almost inevitable that the various state provisions outlining multiple prosecutions for the same instance be re-evaluated, some of them before the U.S. Supreme Court.Constitutional Law: Double Jeopardy: Prosecutions by Both a City and a State for an Identical Offense as a Violation of the Prohibition against Double Jeopardy: Waller v. State. Michigan Law Review, Vol. 68, No. 2 (Dec., 1969), pp. 336-346.
