Legal Opinion
Benson v. Superior Court Department of Trial Court of Massachusetts
Court of Appeals for the First Circuit
Decided November 9, 1981No. 81-1162PublishedCited by 1 opinion
1Opinion of the Court
COFFIN, Chief Judge.
Appellants, previously acquitted of the charges of arson and breaking and entering with intent to commit arson, now face trial on the charge of conspiring to commit arson. They come before us claiming that the double jeopardy clause bars their prosecution for the crime of conspiracy, or, alternatively, that collateral estoppel, as embodied in the double jeopardy clause, limits the facts and issues that can be litigated during the trial on the conspiracy charge. They seek relief under 42 U.S.C. § 1983 and our habeas corpus jurisdiction.
I
On the evening of December 20, 1978,…
2Cases cited19 opinions
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- Ashe v. SwensonSupreme Court of the United States · 1970
- Green v. United StatesSupreme Court of the United States · 1957
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
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3Cited by1 opinion
- Albert B. Benson v. Superior Court Department Of The Trial Court Of MassachusettsCourt of Appeals for the First Circuit · 1981