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Double jeopardy and collateral estoppel
Yeager v. United States will be argued Monday at the Supreme Court.
Under the doctrine of collateral estoppel, a prior court’s decision on an issue necessary to its judgment can preclude relitigation of that same issue in a future case. The Supreme Court held in Ashe v. Swenson (1970) that criminal defendants may invoke that doctrine as part of the protections accorded to them by the Fifth Amendment’s Double Jeopardy Clause. On Monday, March 23, 2009, in Yeager v. United States, No. 08-67, the Court will consider whether collateral estoppel bars retrial of a defendant who was acquitted by a jury on some counts when that same jury failed to reach a verdict on other, factually related, counts in the indictment.
Here is SCOTUSBlog’s preview.
Here is the SCOTUSWiki page of relevant filings.