The petitioner Everett Green was indicted by a District of Columbia grand jury on two counts. He was accused of committing arson and during the time of the arson it caused the death of a woman. During the trial the judge informed the jury that they had a choice to decide on the original indictment of first-degree murder or they could also find him guilty of second-degree murder. The jury ended up finding him guilty of arson and decided to go with a second-degree murder charge.
The judge accepted their verdict and Green was sentenced. Green later appealed his conviction and a new trial was granted by the Courts of Appeal because there was no evidence that supported. During the new trial he was being tried for first-degree murder which was what he was originally indicted for during the first trial. He also ended up being found guilty during the second trial of first-degree murder and sentenced to the death penalty. This raised questions as to whether the fact that he was found guilty of first-degree murder placed him in jeopardy for the same conviction twice which is a violation of the Fifth Amendment.