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Criminal Procedure Keyed to Chemerinsky
Ashe v. Swenson
Citation:397 U.S. 436 (1970)
Ashe (Petitioner) was charged with robbing several individuals in a poker game. He was found not guilty of by a jury in Missouri trial court, due to insufficient evidence. He was tried again six weeks later, this time for the robbery of another participant in the poker game, and the jury convicted him. The witnesses were for the most part the same as in Ashe’s first trial. He then brought the present habeas corpus proceeding, arguing that the second trial violated the Double Jeopardy Clause.
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