Ashe V Swenson Case Brief

1970 Us Supreme Court case

Ashe 5. Swenson
Supreme Court of the United States
Argued November xiii, 1969 Decided April vi, 1970
Full instance name	Bob Fred Ashe, Petitioner 5. Harold R. Swenson, Warden
Citations	397 U.Southward. 436 (more) 90 S. Ct. 1189; 25 50. Ed. second 469; 1970 U.South. LEXIS 54
Holding
Retrying an acquitted defendant for the same offense past citing a unlike victim is an unconstitutional double jeopardy.
Court membership
Chief Justice Warren E. Burger Associate Justices Hugo Black· William O. Douglas John M. Harlan 2· 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 example 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 Usa Supreme Court, which held that "when an event of ultimate fact has once been determined past a valid and last judgment, that event cannot again be litigated between the same parties in any time to come lawsuit." The Double Jeopardy Clause prevents a land 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 Subpoena provided that where the defendant was acquitted of robbing one victim, the authorities could not prosecute the criminal defendant in a second trial for a unlike victim in the same robbery.

Bob Fred Ashe, who was one of four masked individuals charged with the armed robbery of six poker players, was indicted on six separate counts of armed robbery. At trial, a jury returned a full general verdict of not guilty "due to insufficient evidence." Six weeks later, Ashe was brought to trial for the robbery of a 2d poker player. At the decision of the trial, Ashe was constitute guilty and sentenced to xxx-five years. The Missouri Supreme Courtroom affirmed the conviction, holding no former jeopardy violation.

After the federal commune court denied habeas corpus relief, the Eighth Excursion Court of Appeals affirmed. The Supreme Court, all the same, granted certiorari and ended from the record of the prior trial that the "single rationally believable issue in dispute before the jury was whether [Ashe] had been i of the robbers. And the jury past its verdict constitute that he had not. The federal rule of police force, therefore, would make a second prosecution for the robbery . . . wholly impermissible."

Because the showtime jury, by its verdict, had rejected the claim that Ashe was i of the robbers, the Supreme Court held that the State could non "constitutionally hail him before a new jury to litigate that result again."

Farther reading [edit]

Deason, M. C. Jr. (1970). "Dominion of Collateral Estoppel Embodied in the Fifth Amendment Guaranty against Double Jeopardy". Cumberland-Samford Law Review. one: 355. ISSN 0045-9275.
Schaefer, Walter Five. (1970). "Unresolved Bug in the Law of Double Jeopardy: Waller and Ashe". California Law Review. 58 (2): 391–404. doi:10.2307/3479664. JSTOR 3479664.

External links [edit]

Works related to Ashe five. Swenson at Wikisource
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