Petition of the day
By Kate Howard
on Aug 17, 2016
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.
Posted in Cases in the Pipeline
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/