Ashe v. Swenson

Ashe v. Swenson (1970)
the Supreme Court of the United States

Syllabus

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 Fourteenth 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.

936670Ashe v. Swenson — Syllabusthe Supreme Court of the United States

Court Documents

Opinion of the Court

Concurring Opinions: Black; Harlan; Brennan

Dissenting Opinion: Burger

Wikipedia article

United States Supreme Court

397 U.S. 436

Ashe v. Swenson

Argued: Nov. 13, 1969. --- Decided: April 6, 1970

Clark M. Clifford, Washington, D.C., for petitioner.

Gene E. Voigts, Jefferson City, Mo., for respondent.

Mr. Justice STEWART delivered the opinion of the Court.

Notes[edit]

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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Ashe v. Swenson

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