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Criminal Procedure Keyed to Chemerinsky
Ashe v. Swenson
Citation:397 U.S. 436 (1970)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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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