Harman Patil (Editor)

Ashe v. Swenson

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Concurrence
  
Black

End date
  
1970

Concurrence
  
Harlan

Full case name
  
Bob Fred Ashe, Petitioner v. Harold R. Swenson, Warden

Citations
  
397 U.S. 436 (more) 90 S.Ct. 1189

Plurality
  
Stewart, joined by Douglas, White, Marshall

Concurrence
  
Brennan, joined by Douglas, Marshall

Similar
  
Heath v Alabama, Griffin v California, Alabama v Shelton, Knowles v Iowa, Blockburger v United States

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.

References

Ashe v. Swenson Wikipedia