et al argued october decided november component double jeopardy clause bars second contest issue fact law raised necessarily resolved prior judgment ashe swenson burden defendant demonstrate issue seeks shield reconsideration actually decided prior jury verdict acquittal schiro farley jury returns irreconcilably inconsistent verdicts issue question defendant meet burden acquittal therefore gains preclusive effect regarding count conviction powell issue preclusion however attend jury verdict acquittal jury proceeding fails reach verdict different count turning issue ultimate fact yeager case jury convicted petitioners juan bravo hector martínez bribery violation simultaneously jury acquitted conspiring violate traveling interstate commerce violate contested issue trial whether bravo martínez violated elements acquitted charges agreement travel undisputed jury verdicts irreconcilably inconsistent unlike guilty verdicts powell however petitioners convictions later vacated appeal error judge instructions unrelated verdicts inconsistency first circuit view proscribes quid pro quo bribery yet charge permitted jury find petitioners guilty gratuity theory remand bravo martínez moved judgments acquittal standalone charges argued component double jeopardy clause barred government retrying charges jury necessarily determined guilty violating acquitted related conspiracy travel act offenses district denied motions first circuit affirmed holding eventual invalidation petitioners convictions undermine powell instruction issue preclusion apply jury returns logically inconsistent verdicts held component double jeopardy clause bar government retrying defendants like petitioners jury returned irreconcilably inconsistent verdicts conviction acquittal convictions later vacated legal error unrelated inconsistency pp petitioners trial yielded incompatible jury verdicts petitioners establish jury necessarily resolved favor question whether violated view government inability obtain review acquittals powell inconsistent jury findings weigh heavily according acquittals effect subsequent vacatur petitioners bribery convictions alter analysis critical inquiry whether jury actually decided petitioners violate ashe instructs courts approach task realism rationality particular examine trial record eye circumstances proceedings ibid jury verdicts convicting petitioners violating remain relevant practical inquiry even convictions later vacated appeal unrelated trial error petitioners retried appeals vacated bribery convictions insufficient evidence see burks trial error resolve apparent inconsistency jury verdicts evidence sufficient convict petitioners quid pro quo bribery theory first circuit approved instructional error account jury inconsistent determinations error applied equally every count pp petitioners argue vacated judgments excluded ashe inquiry vacated convictions like hung counts yeager legal nullities never accorded respect matter law history yeager argument misapprehends ashe inquiry bravo martínez bear burden showing issue whether violated determined valid final judgment acquittal internal quotation marks omitted judge whether carried burden must realistically examine record identify ground acquittals ashe conviction contradicts acquittals plainly relevant determination less simply later overturned appeal unrelated legal error see powell petitioners contend yeager convictions meaningless jury allowed convict basis conduct criminal first circuit payment gratuity yeager rest inability detect basis decision jury fact rendered rather jury hangs decision hence inconsistency contrast verdict guilt jury decision even subsequently vacated therefore evince jury inconsistency case petitioners gained second trial standalone bribery charges entitled issue preclusion doctrine commandeer inconsistent verdicts shroud mystery jury necessarily decided pp affirmed ginsburg delivered opinion unanimous thomas filed concurring opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press juan hector petitioners writ certiorari appeals first circuit november justice ginsburg delivered opinion case concerns component double jeopardy criminal prosecutions civil litigation principle means issue ultimate fact determined valid final judgment issue litigated parties future lawsuit ashe swenson issue preclusion apply jury returns inconsistent verdicts convicting one count acquitting another count counts turn issue ultimate fact case held verdicts stand government barred double jeopardy clause challenging acquittal see green verdicts rationally irreconcilable acquittal gains preclusive effect powell issue preclusion attend jury acquittal verdict jury proceeding fails reach verdict different count turning critical issue answered yes circumstances acquittal preclusive force yeager way decipher hung count represents reasoned jury failure decide place analysis ibid see fact jury hangs evidence nothing course failed decide case us jury returned irreconcilably inconsistent verdicts conviction acquittal without powell control retrial charges yielded acquittals view inconsistent verdicts acquittals effect charges yielded convictions case however unlike powell guilty verdicts vacated appeal error judge instructions unrelated verdicts inconsistency petitioners urge jury failure decide place analysis vacated guilty verdicts figure analysis hold otherwise one know jury report returned verdict host reasons account jury failure decide sharp confusion issues exhaustion long trial name yeager actual inconsistency jury verdicts reality vacatur conviction unrelated legal error reconcile jury inconsistent returns therefore bracket case powell yeager affirm judgment appeals held issue preclusion apply verdict inconsistency renders unanswerable jury necessarily decided doctrine claim preclusion instructs final judgment merits foreclos es successive litigation claim new hampshire maine see restatement second judgments hereinafter restatement instructing doctrine serves avoid multiple suits identical entitlements obligations parties wright miller cooper federal practice procedure ed wright miller long operative civil litigation restatement claim preclusion also essential constitution prohibition successive criminal prosecutions person double jeopardy clause shall subject offense twice put jeopardy life limb amdt clause protects second prosecution offense conviction well protects second prosecution offense acquittal north carolina pearce verdict acquittal justice system final last word criminal charge therefore operates bar subsequent prosecution offense green allied doctrine issue preclusion ordinarily bars relitigation issue fact law raised necessarily resolved prior judgment see restatement wright miller applies civil criminal proceedings important distinction civil litigation issue preclusion ramifications first developed availability appellate review key factor restatement comment see reporter note noting pervasive importance reviewability application preclusion doctrine significant part preclusion doctrine premised underlying confidence result achieved initial litigation substantially correct standefer see restatement comment absence appellate review observed confidence often unwarranted standefer civil suits inability obtain review exceptional occurs typically controversy become moot criminal cases however one side defendant recourse appeal adverse judgment merits government secure appellate review acquittal even one based upon egregiously erroneous foundation arizona washington juries enjoy unreviewable power return verdict guilty impermissible reasons government precluded appealing otherwise upsetting acquittal constitution double jeopardy clause powell absence appellate review acquittals cautioned calls guarded application preclusion doctrine criminal cases see standefer particularly appears jury verdict result compromise compassion lenity misunderstanding governing law government inability gain review strongly militates giving acquittal issue preclusive effect see also restatement comment circumstances suggest issue resolved erroneous considerations taking prior determination face value purposes second action impermissibly extend imperfections adjudicative process comment issue preclusion may denied evident jury verdict verdict result compromise wright miller case requires us determine whether appellate vacatur conviction alters analysis double jeopardy clause three prior decisions guide disposition first interpreted double jeopardy clause incorporate principle issue preclusion ashe swenson ashe involved robbery six poker players group masked men ashe charged robbing one players jury acquitted due insufficient evidence state tried ashe time robbing another poker players aided substantially stronger testimony witnesses part state secured conviction held second prosecution violated double jeopardy clause sole issue dispute first trial whether ashe one robbers jury acquittal verdict precluded state trying convince different jury fact second trial decision ashe explained issue preclusion criminal cases must applied realism rationality identify jury previous trial necessarily decided instructed must examine record prior proceeding taking account pleadings evidence charge relevant matter ibid quoting mayers yarbrough bis vexari new trials successive prosecutions harv rev inquiry explained must set practical frame viewed eye circumstances proceedings quoting sealfon also made clear burden defendant demonstrate issue whose relitigation seeks foreclose actually decided prior jury verdict acquittal schiro farley internal quotation marks omitted accord dowling powell held defendant meet burden jury returns irreconcilably inconsistent verdicts question seeks shield reconsideration powell starting point holding dunn criminal defendant may attack jury finding guilt one count inconsistent jury verdict acquittal another count powell opinion dunn stated exceptions rule dunn several times alluded rule established principle nevertheless several courts appeals recogniz ed exceptions rule powell sought exception verdicts guilt faced trial jury acquitted powell various substantive drug charges convicted using telephone causing facilitating offenses appealed arguing verdicts inconsistent therefore entitled reversal telephone facilitation convictions issue preclusion maintained barred acceptance guilty verdict auxiliary offenses jury acquitted predicate felonies rejecting powell argument noted issue preclusion predicated assumption jury acted rationally jury returns irreconcilably inconsistent verdicts said one glean either acquittal conviction jury speak real conclusions quoting dunn although discern verdict jurors arrived rationally observed show convinced defendant guilt powell quoting dunn event inconsistent verdicts pointed likely jury convinced guilt properly reached conclusion one count mistake compromise lenity arrived inconsistent conclusion related offense powell loss know verdict jury really meant reasoned principles issue preclusion useful predicated assumption jury acted rationally found certain facts reaching verdict holding acquittals preclusive effect counts conviction reaffirmed dunn rule powell convictions acquittals albeit inconsistent remained undisturbed finally yeager clarified powell holding inconsistent verdicts extend apparent inconsistency jury verdict acquittal one count inability reach verdict another count see nconsistent verdicts present entirely different context one involving verdicts seemingly inconsistent hung yeager tried charges fraud insider trading jury acquitted fraud offenses appeals concluded must reflected finding insider information contradicted presented public yet jury failed reach verdict charges possession insider information likewise critical issue ultimate fact arguing jury therefore acted inconsistently government sought retry yeager hung counts ruled retrial barred double jeopardy clause jury speaks verdict noted number reasons including confusion issues sheer exhaustion observed cause jury hang ibid accordingly said jury decisions failures decide identify jury necessarily determined trial hung count reveals nothing jury failure reach decision reasoned supplies evidence jury irrationality hung counts therefore held ha place analysis jury acquits one count failing reach verdict another count concerning issue ultimate fact acquittal acquittal counts preclusion purposes given preclusive effect acquittal concluded yeager retried hung count controlling precedent view turn inconsistent verdicts rendered case prosecution stemmed alleged bribe paid petitioner juan bravo entrepreneur petitioner hector martínez senator serving commonwealth puerto rico alleged bribe took form trip las vegas including seat professional boxing match featuring popular puerto rican contender fernandez according government bravo intended bribe secure martínez help shepherding legislation puerto rico senate enacted provid substantial financial benefits bravo enterprise ibid leadup las vegas trip martínez submitted legislation senate consideration issued committee report supporting within week returning las vegas martínez issued another favorable report voted enact legislation based events federal grand jury puerto rico indicted petitioners inter alia bribery violation conspiracy violate violation traveling interstate commerce violations violation travel act following trial jury convicted bravo martínez standalone bribery offense acquitted related conspiracy travel act charges fernandez received sentence months prison appeals first circuit vacated convictions instructional error first circuit view jury erroneously charged constitutes criminal conduct statute charge permitted jury find bravo martínez guilty offering receiving gratuity appeals held proscribes quid pro quo bribes gratuities true acknowledged jury instructed theories bribery evidence trial sufficed support guilty verdict either theory appeals say confidence erroneous charge harmless vacated convictions remanded proceedings remand relying component double jeopardy clause bravo martínez moved judgments acquittal standalone charges supp pr retried bribery offense insisted jury necessarily determined guilty violating acquitted conspiring violate traveling interstate commerce violations petitioners maintained contested issue trial whether bravo offered martínez accepted bribe within meaning see tr oral arg dispute agreed go boxing match together dispute get las vegas puerto rico travel across state district denied motions acquittal supp sole issue disputed trial whether bravo martínez violated explained jury acted irrationally jury simultaneously convicted bravo martínez standalone charges verdict simply inconsistent ibid first circuit affirmed denial petitioners motions acquittal agreeing jury inconsistent returns fatal petitioners plea jury received bribery instructions count involving noted verdicts convicting standalone bribery charges acquitting related travel act conspiracy counts reconciled appeals rejected petitioners argument eventual invalidation bribery convictions rendered powell rule inapplicable ashe reminded calls practical appraisal based complete record prior proceeding bribery convictions like acquittals part record see vacated convictions like hung counts purposes continued informed decision yeager first circuit recognized hung count reveals jury failure decide therefore evidence actual inconsistency jury decision contrast said vacated convictions jury decisions jury spoken later upset conviction unrelated ground reasoned undermine powell recognition inconsistent verdicts make impossible determine jury necessarily decided first circuit therefore concluded vacated convictions unlike hung counts relevant ashe inquiry ibid granted certiorari resolve conflict among courts question component double jeopardy clause bar government retrying defendants like bravo martínez jury returned irreconcilably inconsistent verdicts conviction acquittal convictions later vacated legal error unrelated inconsistency holding double jeopardy clause bar retrial circumstances affirm first circuit judgment ii conviction overturned appeal general rule double jeopardy clause bar reprosecution justices boston municipal lydon ordinary consequence vacatur government elects new trial shorn error infected first trial continuing jeopardy rule neither gives effect vacated judgment offends double jeopardy principles rather reflects reality criminal proceedings accused run full course ibid permitting new trial post vacatur rule serves society criminal defendants interests fair administration justice high price indeed society pay recognized every accused granted immunity punishment defect sufficient constitute reversible error proceedings leading conviction tateo rights criminal defendants suffer least doubtful appellate courts zealous protecting effects improprieties trial pretrial stage knew reversal conviction put accused irrevocably beyond reach prosecution ibid bravo martínez ask us deviate general rule post vacatur conviction new trial order conviction vacated appeal maintain acquittal verdict simultaneously returned preclude government retrying defendant vacated count precedent harmonious doctrine opposes foreclosure petitioners seek bravo martínez bear burden demonstrating jury necessarily resolved favor question whether violated schiro explained see supra defendant meet burden trial yielded incompatible jury verdicts issue defendant seeks insulate relitigation jury convicted bravo martínez violating acquitted conspiring traveling intent violate convictions acquittals irreconcilable elements travel act conspiracy counts disputed see supra unknowable inconsistent verdicts acquittal conviction jury really meant quoting powell see restatement comment determination relied preclusive inconsistent adjudication issue confidence determination generally view government inability obtain review acquittals powell inconsistent jury findings weigh heavily according acquittals effect see standefer petitioners bribery convictions later vacated trial error alter analysis critical inquiry whether jury actually decided bravo martínez violate ashe counsels us approach task realism rationality particular examine trial record eye circumstances proceedings ibid appeals explained fact jury convicted bravo martínez violating seem quite obvious relevance practical inquiry even though convictions later vacated issue preclusion depends jury assessment facts light charges presented trial conviction overturned appeal appropriately considered assessment acquittal verdict preclusive effect citron indeed jurors case might acquitted travel act conspiracy counts absent belief bribery convictions stand see ibid bravo martínez retried bribery counts course appeals vacated convictions insufficient evidence support convictions double jeopardy purposes evaluation evidence insufficient convict equivalent acquittal therefore bars second prosecution offense see burks cf powell noting defendants afforded protection jury irrationality error courts independent review sufficiency evidence scarcely case prosecution failed muster sufficient evidence first proceeding burks quite opposite evidence presented petitioners trial appeals determined supported guilty verdict gratuity theory first circuit ruled impermissible well quid pro quo theory first circuit approved vacatur compelled sole reason first circuit found jury charge erroneous extent encompassed gratuities see supra therefore general rule allowing new trial rectify trial error applied burks emphasis deleted government acknowledges retrial tolerable trial error resolve apparent inconsistency jury verdicts see brief example jury receives erroneous instruction count conviction correct instruction charge acquits instructional error may reconcile instructional error account jury contradictory determinations error applied equally every count see supra powell case problem jury reached inconsistent results convictions later invalidation unrelated ground erase reconcile inconsistency bear factual determinations actually necessarily made jury serv turn jury otherwise inconsistent irrational verdict consistent rational verdict people wilson markman dissenting bravo martínez therefore establish factual predicate necessary preclude government retrying standalone charges namely jury first proceeding actually decided violate federal bribery statute support argument issue preclusion bravo martínez highlight decision yeager yeager point recognized hung counts never accorded respect matter law history also true vacated convictions urge vacated convictions like hung counts excluded ashe inquiry jury necessarily determined brief petitioners asserting never held invalid conviction relevant evidence anything tr oral arg bravo martínez argue taking account vacated conviction analysis give effect legal nullity brief petitioners see wilson majority opinion considering vacated count impermissibly bring legally vacated conviction back life argument misapprehends ashe inquiry undisputed petitioners convictions invalid judgments may used establish guilt question whether issue preclusion stops government prosecuting anew question bravo martínez bear burden showing issue whether violated determined valid final judgment acquittal yeager internal quotation marks omitted judge whether carried burden must examine record identify ground acquittals ashe conviction contradicts acquittals plainly relevant determination less simply later overturned appeal unrelated legal error split verdict finding violated standalone counts violated related travel act conspiracy counts tells us one count jury follo instructions whether mistake compromise lenity powell see supra petitioners acquittals therefore support application issue preclusion relying yeager bravo martínez contend vacated convictions ignored hung counts way decipher represent brief petitioners quoting yeager convictions meaningless maintain jury allowed convict basis conduct criminal first circuit payment gratuity brief petitioners argument trips yeager reasoning yeager rest inability detect basis jury decision rather reasoned jury hangs decision hence evidence irrationality verdict guilt contrast jury decision even subsequently vacated appeal therefore evince irrationality case petitioners dispute government evidence trial supported guilty verdict quid pro quo theory gratuity instruction held erroneous appeals applied every offense rational jury reached conflicting verdicts counts petitioners convictions reveal jury relevant issue even reveal theory liability jurors relied upon reaching inconsistent verdicts brief words know jury concluded instructional error brief petitioners new trial counts conviction order bravo martínez succeeded appeal extent entitled split verdict impede government renewing double jeopardy clause first circuit explained forever bars government prosecuting bravo martínez conspiracy travel act offenses acquittals remain inviolate bravo martínez also gained benefit appellate victory ibid second trial standalone bribery charges government may invoke gratuity theory issue preclusion doctrine commandeer inconsistent verdicts shroud mystery jury necessarily decided reasons stated judgment appeals first circuit affirmed thomas concurring juan hector petitioners writ certiorari appeals first circuit november justice thomas concurring question presented case whether ashe swenson yeager vacated conviction nullify preclusive effect acquittal prong double jeopardy clause originally understood double jeopardy clause prong english pleas auterfoits acquit auterfoits convict clause based barred repeated identical act crime scalia dissenting quoting blackstone commentaries laws england emphasis added dissent see also grady corbin scalia dissenting ashe departed original meaning double jeopardy clause holding precludes successive prosecutions distinct crimes facts essential conviction second crime necessarily resolved defendant favor verdict first crime yeager supra scalia dissenting yeager erroneously illogically extended ashe see ashe held clause sometimes bars successive prosecution facts found prior proceeding quoting ashe supra yeager however bar red retrial hung counts prior proceeding simply earlier stage proceeding scalia dissenting appropriate case reconsider holdings ashe yeager today properly declines extend cases indeed reaches correct result clause original meaning join opinion footnotes parties use expression collateral estoppel component observed issue preclusion descriptive term yeager see restatement second judgments comment pp though earlier recognized res judicata embraces claim issue preclusion applies criminal well civil proceedings link inquiry double jeopardy clause see sealfon frank mangum principle question fact law distinctly put issue directly determined competent jurisdiction afterwards parties applies decisions criminal petitioners indicted several charges relevant see fernandez first circuit acknowledged holding contrary rulings circuits addressed th issue three federal courts appeals considered question held prohibits gratuities well quid pro quo bribes see bahel hawkins zimmerman observed see supra petitioners urge bribery sole issue controversy dispute elements travel act conspiracy counts see tr oral arg see also brief accepting jury returned irreconcilably inconsistent verdicts another element explain acquittals inconsistency argument new trial bribery see infra compare citron holding retrial violate double jeopardy clause circumstances price evans state kelly people wilson holding double jeopardy clause bars retrial situation first circuit explained lthough citron price predate yeager second fifth circuits decided vacated counts relevant ashe analysis time circuits already ruled hung counts disregarded purposes ashe inquiry citing mespoulede nelson second circuit moreover adhered citron since yeager see bruno fed appx first time looked vacated conviction ascertain jury decided prior proceeding holding morris mathews conviction vacated double jeopardy grounds may reduced conviction lesser included offense jeopardy barred rested exactly rationale see relying vacated conviction aggravated murder conclude jury necessarily found defendant conduct satisfie elements lesser included offense simple murder number lower courts reached conclusion see citron defendant convicted offense subject retrial case materially different one acquittal accompanied failure reach verdict price case jury returned verdict conviction compound count verdict acquittal substantive count instructive whether government may retry defendant inconsistent verdict vacated evans yeager nothing undermine conclusion defendant may retried inconsistent verdict overturned kelly explaining context retrial following vacatur yeager application case involving inconsistent verdict acquittals convictions returned jury