Ashe v. Swenson

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Ashe v. Swenson
Seal of the United States Supreme Court.svg
Argued November 13, 1969
Decided April 6, 1970
Full case name Bob Fred Ashe, Petitioner v. Harold R. Swenson, Warden
Citations 397 U.S. 436 (more)
90 S.Ct. 1189
Retrying an acquitted defendant for the same offense by citing a different victim is an unconstitutional double jeopardy.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan, Jr.
Potter Stewart · Byron White
Thurgood Marshall
Case opinions
Plurality Stewart, joined by Douglas, White, Marshall
Concurrence Black
Concurrence Harlan
Concurrence Brennan, joined by Douglas, Marshall
Dissent Burger
This case overturned a previous ruling or rulings
Hoag v. New Jersey, 356 U.S. 464 (1958)

Ashe v. Swenson, 397 U.S. 436 (1970), was a decision by the United States Supreme Court, which held that "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit." The Double Jeopardy Clause prevents a state from relitigating a question already decided in favor of a defendant at a previous trial. Here, the guarantee against double jeopardy enforceable through the Fifth Amendment provided that the government could not prosecute the criminal defendant in a second trial as it related to a different victim but the same robbery the criminal defendant was acquitted of in the first trial.

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