ashe
swenson
argued
november
decided
april
clark
clifford
washington
petitioner
gene
voigts
jefferson
city
respondent
justice
stewart
delivered
opinion
benton
maryland
held
fifth
amendment
guarantee
double
jeopardy
enforceable
fourteenth
amendment
question
case
whether
state
missouri
violated
guarantee
prosecuted
petitioner
second
time
armed
robbery
circumstances
presented
sometime
early
hours
morning
january
six
men
engaged
poker
game
basement
home
john
gladson
lee
summit
missouri
suddenly
three
four
masked
men
armed
shotgun
pistols
broke
basement
robbed
poker
players
money
various
articles
personal
property
never
clear
whether
three
four
fled
car
belonging
one
victims
robbery
shortly
thereafter
stolen
car
discovered
field
later
morning
three
men
arrested
state
trooper
walking
highway
far
abandoned
car
found
petitioner
arrested
another
officer
distance
away
four
subsequently
charged
seven
separate
armed
robbery
six
poker
players
theft
car
may
petitioner
went
trial
charge
robbing
donald
knight
one
participants
poker
game
trial
state
called
knight
three
circumstances
holdup
itemized
witnesses
described
circumstances
holdup
itemized
individual
losses
proof
armed
robbery
occurred
personal
property
taken
knight
well
others
unassailable
testimony
four
victims
regard
consistent
internally
others
state
evidence
petitioner
one
robbers
weak
two
witnesses
thought
three
robbers
altogether
identify
petitioner
one
another
victims
petitioner
uncle
marriage
said
station
positively
identified
three
men
accused
holdup
say
petitioner
voice
much
like
one
robbers
fourth
participant
poker
game
identify
petitioner
height
actions
witnesses
brief
aimed
primarily
exposing
weakness
identification
testimony
defense
counsel
made
attempt
question
testimony
regarding
holdup
claims
losses
knight
testified
without
contradiction
robbers
stolen
watch
cash
checks
billfold
found
police
possession
one
three
men
accused
robbery
admitted
evidence
defense
offered
testimony
waived
final
argument
trial
judge
instructed
jury
found
petitioner
one
participants
armed
robbery
theft
money
knight
sustain
conviction
also
instructed
jury
petitioner
one
robbers
guilty
law
even
personally
robbed
knight
though
instructed
elaborate
upon
petitioner
guilty
due
insufficient
evidence
six
weeks
later
petitioner
brought
trial
time
robbery
another
participant
poker
game
man
named
roberts
petitioner
filed
motion
dismiss
based
previous
acquittal
motion
overruled
second
trial
began
witnesses
part
though
time
testimony
substantially
stronger
issue
petitioner
identity
example
two
witnesses
first
trial
wholly
unable
identify
petitioner
one
robbers
testified
features
size
mannerisms
matched
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assailants
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witness
identified
petitioner
size
actions
also
remembered
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sound
voice
state
refined
case
second
trial
declining
call
one
participants
poker
game
whose
identification
testimony
first
trial
conspicuously
negative
case
went
jury
instructions
virtually
identical
given
first
trial
time
jury
found
petitioner
guilty
sentenced
term
state
penitentiary
missouri
affirmed
conviction
holding
former
jeopardy
must
denied
state
ashe
collateral
attack
upon
conviction
state
courts
five
years
later
also
unsuccessful
state
ashe
petitioner
brought
present
habeas
corpus
proceeding
district
western
district
missouri
claiming
second
prosecution
violated
right
twice
put
jeopardy
considering
bound
decision
hoag
new
jersey
district
denied
writ
although
apparently
finding
merit
petitioner
claim
appeals
eighth
circuit
affirmed
also
upon
authority
hoag
new
jersey
supra
granted
certiorari
consider
important
constitutional
question
case
presents
district
appeals
correctly
noted
operative
facts
virtually
identical
hoag
new
jersey
supra
case
defendant
tried
armed
robbery
three
men
along
others
held
tavern
proof
robbery
clear
evidence
identifying
defendant
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robbers
weak
defendant
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alibi
defense
jury
brought
verdict
guilty
defendant
brought
trial
indictment
charging
robbery
fourth
victim
tavern
holdup
time
jury
found
guilty
appeals
state
courts
proved
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hoag
brought
case
viewing
question
presented
solely
terms
fourteenth
amendment
due
course
new
jersey
pursued
fundamental
unfairness
declined
reverse
judgment
conviction
circumstances
shown
record
say
petitioner
later
prosecution
conviction
violated
due
process
found
unnecessary
decide
whether
principle
bars
relitigation
parties
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actually
determined
previous
due
process
requirement
state
criminal
trial
since
accepted
new
jersey
determination
petitioner
previous
acquittal
event
give
rise
estoppel
view
took
issues
presented
course
even
approach
consideration
whether
collateral
estoppel
ingredient
fifth
amendment
guarantee
double
jeopardy
doctrine
benton
maryland
puts
issues
present
case
perspective
quite
different
issues
perceived
hoag
new
jersey
supra
question
longer
whether
collateral
estoppel
requirement
due
process
whether
part
fifth
amendment
guarantee
double
jeopardy
collateral
estoppel
embodied
guarantee
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case
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state
determination
within
broad
bounds
fairness
matter
constitutional
fact
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decide
examination
entire
record
cf
new
york
times
sullivan
niemotko
maryland
watts
indiana
chambers
florida
norris
alabama
estoppel
awkward
phrase
stands
extremely
important
principle
adversary
system
justice
means
simply
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fact
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developed
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litigation
collateral
estoppel
established
rule
federal
criminal
law
least
since
decision
years
ago
oppenheimer
justice
holmes
put
matter
case
safeguards
person
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rightly
mentioned
solemn
reverence
less
protect
liability
debt
rule
federal
law
therefore
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met
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burden
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link
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kramer
federal
decisions
made
clear
rule
collateral
estoppel
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cases
applied
hypertechnical
archaic
approach
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pleading
book
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rationality
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estoppel
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robbers
jury
verdict
found
federal
rule
law
therefore
make
second
prosecution
robbery
roberts
wholly
impermissible
ultimate
question
determined
light
benton
maryland
supra
whether
established
rule
federal
law
embodied
fifth
amendment
guarantee
double
jeopardy
hesitate
hold
whatever
else
constitutional
guarantee
may
embrace
north
carolina
pearce
surely
protects
man
acquitted
gantlet
second
time
green
question
whether
missouri
validly
charge
petitioner
six
separate
offenses
robbery
six
poker
players
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received
total
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punishments
convicted
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trial
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six
victims
simply
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jury
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verdict
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robbers
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jury
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jury
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robbing
knight
missouri
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trial
upon
charge
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testimony
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reasonable
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robbers
state
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identification
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prosecution
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hope
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jury
might
find
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case
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frankly
conceded
following
petitioner
acquittal
treated
first
trial
dry
run
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prosecution
doubt
prosecutor
felt
state
provable
case
first
charge
lost
every
good
attorney
refined
presentation
light
turn
events
first
trial
precisely
constitutional
guarantee
forbids
judgment
reversed
case
remanded
appeals
eighth
circuit
proceedings
consistent
opinion
ordered
reversed
remanded
justice
black
concurring
join
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must
reject
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due
process
test
fairness
might
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standard
point
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might
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relevancy
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constitutional
law
view
wholly
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judge
sense
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serve
substitute
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rights
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provisions
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amendment
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man
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view
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jeopardy
clause
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state
federal
government
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together
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defendant
hazards
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possible
conviction
alleged
offense
bartkus
illinois
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opinion
abbate
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cuicci
illinois
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statement
green
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case
today
amply
demonstrates
doctrine
collateral
estoppel
basic
essential
part
constitution
prohibition
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jeopardy
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reasons
stated
opinion
fully
agree
petitioner
conviction
must
reversed
justice
harlan
concurring
judge
case
traditional
standards
fourteenth
amendment
due
process
adhere
decision
hoag
new
jersey
believing
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reach
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rule
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estoppel
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state
treat
issue
differently
however
acceded
north
carolina
pearce
decision
benton
maryland
dissent
held
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amendment
imposes
standards
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jeopardy
clause
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amendment
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present
record
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brother
brennan
justice
brennan
justice
douglas
justice
marshall
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agree
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jeopardy
clause
incorporates
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estoppel
constitutional
requirement
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join
opinion
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even
rule
collateral
estoppel
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facts
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view
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jeopardy
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time
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prosecutions
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jeopardy
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new
jersey
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fact
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men
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hoag
convicted
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jersey
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jersey
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courts
view
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maryland
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hoag
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amendment
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carolina
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additional
guidance
may
found
cases
developing
standard
nucleus
operative
fact
umw
gibbs
purposes
pendent
jurisdiction
see
generally
note
mine
workers
gibbs
pendent
jurisdiction
compare
ali
administration
criminal
law
official
draft
double
jeopardy
ali
model
penal
code
proposed
official
draft
see
also
see
connelly
rule
provides
separate
trials
order
joinder
prejudicial
either
prosecution
defense
cf
even
separate
trials
permitted
avoid
prejudicial
joinder
transaction
rule
serve
useful
purpose
since
defendant
least
informed
one
time
charges
actually
tried
prepare
defense
accordingly
moreover
decision
whether
charges
tried
jointly
separately
rest
judge
rather
prosecutor
separate
trials
may
ordered
course
proofs
repetitious
multiplicity
trials
vexatious
multiplicity
enable
prosecution
use
experience
first
trial
strengthen
case
subsequent
trial
joinder
defendants
distinguished
joinder
offenses
requires
separate
analysis
example
joinder
defendants
lead
sixth
amendment
problems
see
bruton
course
collateral
estoppel
prevent
multiple
prosecutions
first
trial
ends
verdict
guilty
question
separate
trials
different
crimes
committed
single
criminal
transaction
entirely
distinct
independent
question
prosecutorial
discretion
select
charges
defendant
shall
prosecuted
explained
separate
opinion
abbate
supra
also
distinct
independent
question
imposition
separate
punishments
different
crimes
committed
single
transaction
double
jeopardy
clause
limit
power
congress
split
single
transaction
separate
crimes
give
prosecution
choice
charges
cf
gore
douglas
dissenting
moreover
clause
general
matter
prohibit
imposition
one
trial
cumulative
penalties
different
crimes
committed
one
transaction
see
separate
opinion
abbate
supra
thus
crime
need
go
unpunished
however
clause
provide
outer
limit
power
federal
state
courts
impose
cumulative
punishments
single
criminal
transaction
see
gore
supra
brennan
dissenting
test
first
enunciated
king
vandercomb
leach
crown
knight
roberts
passengers
car
collided
one
driven
ashe
one
seriously
suggest
jury
verdict
ashe
action
knight
ashe
bar
action
roberts
ashe
present
situation
shows
far
distorted
collateral
estoppel
beyond
traditional
boundaries
see
mayers
yarbrough
bis
vexari
new
trials
successive
prosecutions
comment
rev
cf
note
yale
weight
harassment
factor
warrant
elevating
principles
criminal
trials
level
fifth
fourteenth
amendments
true
harassment
deserves
serious
consideration
strain
new
trial
society
urgent
interest
protecting
public
criminal
acts
endorse
concepts
put
premium
aggravated
criminal
conduct
multiple
crimes
committed
time
arguably
ashe
madea
defense
solely
alibi
vietnam
time
offered
evidence
army
records
one
might
reasonably
say
jury
decided
today
says
probably
decided
record
however
analysis
baseless
see
ante
criticism
doctrine
necessary
apply
general
criminal
verdicts
see
note
yale
hoag
new
jersey
warren
dissenting
douglas
dissenting