Ex Parte Ueno

OPINION

THOMAS, Chief Justice.

Lance S. Ueno appeals the denial of the relief sought by his application for writ of habeas corpus by which he raised collateral estoppel as a plea in bar of prosecution of possession with intent to deliver a controlled substance. We conclude that

• the doctrine of collateral estoppel, as embodied in the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, necessarily contemplates that an applicant has been previously placed in jeopardy; and

• if an applicant has never been placed in jeopardy, that applicant may not use the extraordinary…