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Dowling Vs. U.S.

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  • US Supreme Court
  • Jan 01, 1990

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73 entries 6 linked 67 unlinked
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  1. United States Vs. Mock US Supreme Court · May 01, 1893
  2. United States Vs. Lovasco US Supreme Court · Jun 09, 1977
  3. United States Vs. Difrancesco US Supreme Court · Dec 09, 1980
  4. Ashe Vs. Swenson US Supreme Court · Apr 06, 1970
  5. Mooney Vs. Holohan US Supreme Court · Jan 21, 1935
  6. United States Vs. Jorn US Supreme Court · Jan 25, 1971
  7. U.S. 342 (1990) U.S. Supreme Court Dowling v. U.S
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  8. U.S. 342 (1990) Dowling v. United
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  9. probable that the error did not prejudice Dowling. The court declined to apply the more stringent standard of Chapman v. California
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  10. Government from relitigating an issue of ultimate fact that has been determined by a valid and final judgment, Ashe v. Swenson
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  11. relitigating an issue when it is presented in a subsequent action governed by a lower standard of proof, United States v. One
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  12. One Lot Emerald Cut Stones v. United
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  13. was tried again and convicted, but the Third Circuit reversed this conviction on appeal. Government of Virgin Islands v. Dowling
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  14. but nevertheless affirmed Dowling's conviction. 855 F.2d 114 (1988). Relying on its decision in United States v. Keller
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  15. evidence was inadmissible under the Federal Rules of Evidence. The court noted that we had recently held in Huddleston v. United
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  16. Id. at 122-124. The Court of Appeals explicitly declined to apply the more stringent standard, see Chapman v. California
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  17. that the admission of Henry's testimony did not offend the Constitution and therefore declined to apply the Chapman v. California
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  18. barred further prosecution in the present case. The issue is the inadmissibility of Henry's testimony. In Ashe v. Swenson
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  19. Henry's testimony at the third trial in the bank robbery case. We disagree because, unlike the situation in Ashe v. Swenson
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  20. did not determine an ultimate issue in the present case. This much Dowling concedes, and we decline to extend Ashe v. Swenson
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  21. the Government sought to introduce Henry's testimony under Rule 404(b), and, as mentioned earlier, in Huddleston v. United
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  22. an issue when it is presented in a subsequent action governed by a lower standard of proof. In United States v. One
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  23. Id. at 465 U. S. 361 -362. In One Lot Emerald Cut Stones v. United
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  24. Helvering v. Mitchell
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  25. his first trial represented a jury determination that he was not one of the men who entered Ms. Henry's home. In Ashe v. Swenson
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  26. that the issue whose relitigation he seeks to foreclose was actually decided in the first proceeding. United States v. Citron
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  27. United States v. Ragins
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  28. United States v. Gentile
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  29. United States v. Baugus
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  30. Page 493 U. S. 351 United States v. Hewitt
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  31. United States v. Lasky
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  32. and private notions' of fairness and to 'disregard the limits that bind judges in their judicial function.' Rochin v. California
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  33. those 'fundamental conceptions of justice which lie at the base of our civil and political institutions,' Mooney v. Holohan
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  34. S. 103 , 294 U. S. 112 (1935), and which define 'the community's sense of fair play and decency,' Rochin v. California
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  35. first. In any event, inconsistent verdicts are Page 493 U. S. 354 constitutionally tolerable. See Standefer v. United
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  36. that we should place the burden on the government in this instance because, as opposed to the situation in Ashe v. Swenson
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  37. in this case, Dowling only faces the risk of the introduction of prejudicial evidence, whereas, in Ashe v. Swenson
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  38. consideration of whether the admission of this testimony was harmless error under the standard enunciated in Chapman v. California
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  39. U. S. 117 , 449 U. S. 129 (1980) (quoting United States v. Scott
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  40. after an acquittal. United States v. Martin
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  41. for double jeopardy purposes unless each offense requires proof of a fact that the other does not. Blockburger v. United
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  42. An acquittal on a greater or lesser included offense, for example, bars prosecution on the other offense. Brown v. Ohio
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  43. Fong Foo v. United
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  44. Sanabria v. United
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  45. of judgments and a strong public interest in protecting individuals against governmental overreaching. See Brown v. Ohio
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  46. quoting United States v. Jorn
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  47. Scott, 437 U.S. at 437 U. S. 91 (quoting Green v. United
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  48. after an acquittal. In Ashe v. Swenson
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  49. Huddleston v. United
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  50. United States v. One
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