Sevachko v. Commonwealth

I concur in the majority decision but write separately to underscore the factual predicate of the decision and to make clear the limits of our holding. As noted by the majority opinion, the United States Supreme Court in Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970), held that the principle of collateral estoppel is embodied in the double jeopardy protections afforded under the Fifth Amendment of the United States Constitution. See also Simon v. Commonwealth, 220 Va. 412, 258 S.E.2d 567 (1979). Its application in our adversary system of justice “means simply that when an…