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(Text) CC BY-SA