Ashe v. Swenson

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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

• List of United States Supreme Court cases, volume 397
• Waller v. Florida (1970)

Further reading

• Deason, M. C., Jr. (1970). "Rule of Collateral Estoppel Embodied in the Fifth Amendment Guaranty against Double Jeopardy". Cumberland-Samford Law Review. 1: 355. ISSN 0045-9275. 
• Schaefer, Walter V. (1970). "Unresolved Issues in the Law of Double Jeopardy: Waller and Ashe". California Law Review. California Law Review, Vol. 58, No. 2. 58 (2): 391–404. doi:10.2307/3479664. JSTOR 3479664. 

External links

• Text of Ashe v. Swenson, 397 U.S. 436 (1970) is available from:  permanent dead link] Findlaw  Justia 
• Summary of case from OYEZ