Brief Fact Summary. Ashe was one of four men arrested for robbing six men who were playing poker in the basement of the home of John Gladson in January of 1960. He was acquitted of the charges for one of the robberies and was brought to stand trial for a second. This case is dispositive of the second trial.
Also, courts that have applied the collateral-estoppel concept to criminal actions would certainly not apply it to both parties, as is true in civil cases, i. e., here, if Ashe had been convicted at the first trial, presumably no court would then hold that he was thereby foreclosed from litigating the identification issue at the second trial.View Full Point of Law
Held. A second prosecution for a crime arising out of the same course of events is impermissible. Reversed and Remanded.
Dissent. Justice Burger dissented, noting that the complainant in the second trial was different than in the first, and therefore the parties are not the same as required by Double Jeopardy.
Concurrence. Justice Brennan concurred, noting that this case falls squarely within Double Jeopardy and therefore no subsequent prosecutions should be allowed.
Discussion. Double Jeopardy bars subsequent prosecution of any crime for which a defendant has already been tried or which arises out of the same course of events. Additionally, it should be noted that the prosecution’s case in the first cause of action was weak, at best. Once he realized the faults in his prosecution, he was able to build a better case and thus had an unfair advantage over the defendant. That is why Double Jeopardy was created, to protect a defendant from an unfair advantage.