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Petition of the day

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Thepetition of the day is:

15-1539

Issue:(1) Whether, where an acquitted defendant contested multiple elements of the offense, was acquitted by a general verdict, and can demonstrate that the evidence of a particular element was constitutionally insufficient, the Double Jeopardy Clause collaterally estops the government from prosecuting the defendant for another offense that also requires proof of that particular element; and (2) where an acquitted defendant contested multiple elements of the offense, what burden of proof must he shoulder to establish that a particular element was necessarily decided in his favor for purposes of collateral estoppel.

 

Cases: Kaley v. United States

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Aug. 17, 2016, 12:00 AM), https://www.scotusblog.com/2016/08/petition-of-the-day-974/