Ellis Kennedy Douthit v. W. J. Estelle, Jr., Director, Texas Department of Corrections

JOHN R. BROWN, Chief Judge:

This is an appeal from a District Court order denying Ellis Kennedy Douthit’s petition for a Writ of Habeas Corpus. Petitioner claims that the State of Texas is collaterally estopped, under the principles announced in Ashe v. Swenson, 1970, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469, from trying him for assault with intent to com mit rape in Travis County, Texas, after his acquittal in a jury trial of rape of the same woman in Williamson County, Texas. We agree that Ashe controls our disposition of this petition, but we are convinced that Ashe does not preclude…