NCJ Number
3506
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 61 Issue: 4 Dated: (DECEMBER 1970) Pages: 508-518
Date Published
1970
Length
11 pages
Annotation
COLLATERAL ESTOPPEL DOCTRINE INCORPORATED INTO THE 5TH AMENDMENT, AND RETRIAL OF AN ACCUSED FOR MURDER AFTER AN EARLIER GUILTY VERDICT OF MANSLAUGHTER PRECLUDED.
Abstract
IN ASHE V. SWENSON, THE SUPREME COURT RULED THAT COLLATERAL ESTOPPEL, WHICH BARS RELITIGATION OF ISSUES ALREADY DECIDED IN A CASE, WAS INCLUDED IN THE CONSTITUTIONAL DEFENSE OF DOUBLE JEOPARDY. THE COURT ALSO HELD IN PRICE V. GEORGIA THAT THE RULE ON CONTINUING JEOPARDY WILL ALLOW RETRIAL AFTER APPEAL ON THE CHARGE APPEALED, BUT NOT ON A GREATER CHARGE.