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Ashe v. Swenson, 397 U.S. 436 (1970)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ashe v. Swenson, 397 U.S. 436 (1970)
Ashe v. Swenson No. 57 Argued November 13, 1969 Decided April 6, 1970 397 U.S. 436
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Three or four men robbed six poker players. Petitioner was separately charged with having robbed one of the players, Knight, who, along with three others, testified for the prosecution that each had been robbed. The State’s evidence that petitioner had been one of the robbers was weak. The defense offered no testimony. The trial judge instructed the jury that, if it found that petitioner participated in the robbery, the theft of any money from Knight would sustain a conviction, and that, if petitioner was one of the robbers, he was guilty even though he had not personally robbed Knight. The jury found petitioner "not guilty due to insufficient evidence." Thereafter petitioner, following denial of his motion for dismissal based on the previous acquittal, was tried for having robbed another poker player, Roberts, and was convicted. Following affirmance by the Missouri Supreme Court and unsuccessful collateral attack in the state courts, petitioner brought this habeas corpus action in the District Court, claiming that the second prosecution had violated the Double Jeopardy Clause of the Fifth Amendment. The District Court denied the writ, relying on Hoag v. New Jersey, 356 U.S. 464, which, on virtually identical facts, held that there was no violation of due process. The Court of Appeals affirmed. Thereafter, this Court, in Benton v. Maryland, 395 U.S. 784, held that the Fifth Amendment guarantee against double jeopardy is enforceable against the States through the Fourteenth Amendment, a decision which had fully "retroactive" effect, North Carolina v. Pearce, 395 U.S. 711.
Held:
1. The Fifth Amendment guarantee against double jeopardy, applicable here through the Fourteenth Amendment by virtue of Benton v. Maryland, supra, embodies collateral estoppel as a constitutional requirement. Pp. 437-444.
2. Since, on the record in this case, the jury in the first trial had determined by its verdict that petitioner was not one of the robbers, the State, under the doctrine of collateral estoppel, was constitutionally foreclosed from relitigating that issue in another trial. Pp. 445-447.
399 F.2d 40, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Ashe v. Swenson, 397 U.S. 436 (1970) in 397 U.S. 436 397 U.S. 437. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=H2N9ILE69KZHZU9.
MLA: U.S. Supreme Court. "Syllabus." Ashe v. Swenson, 397 U.S. 436 (1970), in 397 U.S. 436, page 397 U.S. 437. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=H2N9ILE69KZHZU9.
Harvard: U.S. Supreme Court, 'Syllabus' in Ashe v. Swenson, 397 U.S. 436 (1970). cited in 1970, 397 U.S. 436, pp.397 U.S. 437. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=H2N9ILE69KZHZU9.
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