A condemned person does not suffer double jeopardy when he is executed again after the failure of the first attempt. Decided January 13, 1947 (argued November 18, 1946). Opinion of the Court: Stanley Forman Reed → go there Dissenting: Burton. Applied: the Fifth Amendment → go there Applied: the Eighth Amendment → go there Applied: the Fourteenth Amendment → go there Topic: Capital punishment. 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 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. Wiki link