Ashe v. Swenson
|Ashe v. Swenson|
|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.|
|Plurality||Stewart, joined by Douglas, White, Marshall|
|Concurrence||Brennan, joined by Douglas, Marshall|
This case overturned a previous ruling or rulings
|Hoag v. New Jersey, 356 U.S. 464 (1958)|
|Wikisource has original text related to this article:|
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.
- Deason, M. C., Jr. (1970). "Rule of Collateral Estoppel Embodied in the Fifth Amendment Guaranty against Double Jeopardy". Cumberland-Samford Law Review. 1: 355. ISSN 0045-9275.
- Schaefer, Walter V. (1970). "Unresolved Issues in the Law of Double Jeopardy: Waller and Ashe". California Law Review. California Law Review, Vol. 58, No. 2. 58 (2): 391–404. JSTOR 3479664. doi:10.2307/3479664.
- Text of Ashe v. Swenson, 397 U.S. 436 (1970) is available from: Findlaw Justia
- Summary of case from OYEZ
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