Topic: when an issue of ultimate fact has once been determined by … · Go Syfert
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Topic #366

10 canonical passages across 6 cases, quoted by 502 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Ashe v. Swenson.

#Case FlagCanonical passage Citers
1 Ashe v. Swenson Anchor
scotus · 1970
green “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.” 204
2 Ashe v. Swenson
scotus · 1970
green “means simply 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.” 153
3 Ashe v. Swenson
scotus · 1970
green “examine the record of a prior proceeding, taking into account the pleadings, evidence, charge, and other relevant matter, and conclude whether a rational jury could have grounded its verdict upon an issue other than that which the defendant seeks to foreclose from consideration.” 72
4 United States v. Felix
scotus · 1992
green “a mere overlap in proof between two prosecutions does not establish a double jeopardy violation.” 22
5 United States v. Brackett
ca5 · 1997
green “if one of the facts necessarily determined in the former trial is an essential element of the subsequent prosecution.” 12
6 United States v. Grover Lamar Lee
ca5 · 1980
green “when a fact is not necessarily determined in a former trial, the possibility that it may have been does not prevent re-examination of that issue.” 12
7 United States v. Brackett
ca5 · 1997
green “bars relitigation only of those facts necessarily determined in the first trial.” 11
8 Yeager v. United States
scotus · 2009
green “the record of a prior proceeding, taking into account the pleadings, evidence, charge, and other relevant matter, and conclude whether a rational jury could have grounded its verdict upon an issue other than that which the defendant seeks to foreclose from consideration.” 11
9 Currier v. Virginia
scotus · 2018
green “ashe forbids a second trial only if to secure a conviction the prosecution must prevail on an issue the jury necessarily resolved in the defendant's favor in the first trial.” 3
10 United States v. Grover Lamar Lee
ca5 · 1980
green “fact is not necessarily determined in a former trial, the possibility that it may have been does not prevent re-examination of that issue.” 2

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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