Legal Opinion
United States v. Patrice Mespoulede, A/K/A "Patrice Fabre"
Court of Appeals for the Second Circuit
Decided April 10, 1979No. 764, Docket 78-1428PublishedCited by 115 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
This case concerns the applicability of the doctrine of collateral estoppel to the retrial of one count of a multicount indictment. So stated, the issue presented for resolution sounds rather technical in nature, and even dry as dust. But the underlying principles that animate our decision in this case are far from abstruse. We believe that once a defendant has satisfied one jury that he is not guilty of a crime, constitutionally-rooted considerations of fairness preclude the Government from injecting any issues necessarily decided in his favor into a second…
2Cases cited37 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Ashe v. SwensonSupreme Court of the United States · 1970
- Green v. United StatesSupreme Court of the United States · 1957
- Dunn v. United StatesSupreme Court of the United States · 1932
- Loper v. BetoSupreme Court of the United States · 1972
32 more not listed; retrieve them via the Exa API.
3Cited by115 opinions
- United States v. Pedro M. Gonzalez-Sanchez, United States of America v. Carlos Latorre, United States of America v. Manuel Parrilla-MarquezCourt of Appeals for the First Circuit · 1987
- John Petrucelli v. Phillip Coombe, Jr., Superintendent, Eastern New York Correctional FacilityCourt of Appeals for the Second Circuit · 1984
- United States v. Carol BirneyCourt of Appeals for the Second Circuit · 1982
- Bravo-Fernandez v. United StatesSupreme Court of the United States · 2016
- United States v. Brett C. KimberlinCourt of Appeals for the Seventh Circuit · 1987
110 more not listed; retrieve them via the Exa API.