Ashe v. Swenson
Ashe v. Swenson | |||||
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Argued November 13, 1969 Decided April 6, 1970 |
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Full case name | Bob Fred Ashe, Petitioner v. Harold R. Swenson, Warden | ||||
Citations | 397 U.S. 436 (more)
90 S.Ct. 1189
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Holding | |||||
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. | |||||
Court membership | |||||
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Case opinions | |||||
Plurality | Stewart, joined by Douglas, White, Marshall | ||||
Concurrence | Black | ||||
Concurrence | Harlan | ||||
Concurrence | Brennan, joined by Douglas, Marshall | ||||
Dissent | Burger |
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.
See also
Further reading
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External links
- Text of Ashe v. Swenson, 397 U.S. 436 (1970) is available from: Findlaw Justia
- Summary of case from OYEZ
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