CASENOTE: Double Jeopardy - Supreme Court Denies Relevance of Hung Counts to Collateral Estoppel, Expands Double Jeopardy Clause to Apply Within a Single Proceeding Skip over navigation
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Copyright (c) 2010 Southern Methodist University
SMU Law Review

CASENOTE: Double Jeopardy - Supreme Court Denies Relevance of Hung Counts to Collateral Estoppel, Expands Double Jeopardy Clause to Apply Within a Single Proceeding

Winter, 2010

SMU Law Review

63 SMU L. Rev. 243

Author

Jessica Greenwood*

Excerpt



IN Yeager v. United States, the U.S. Supreme Court expounded upon the collateral estoppel component of the Double Jeopardy Clause recognized as inherent to the Fifth Amendment in Ashe v. Swenson. 1 In particular, the Court resolved a circuit split by holding that hung counts should not be considered when determining the preclusive effect of acquittals returned under the same indictment. 2 The Court in Yeager also arrived at the related conclusion that the Double Jeopardy Clause as interpreted by Ashe has the potential to bar retrial of hung counts. 3 Although the Court in Yeager thus reinvented the Double Jeopardy Clause, its analysis did not rise to such a momentous occasion, as it relied not only on circular logic but also serious misreadings of precedent. 4

Beginning in October 1998, F. Scott Yeager served as Senior Vice President of Strategic Development for Enron Broadband Services, a telecommunications division of Enron Corporation. 5 In this capacity, Yeager personally contributed to Enron's efforts to develop a telecommunications system dubbed the Enron Intelligent Network (EIN). 6 From mid-1999 until early 2000, Enron repeatedly praised the EIN in press releases, describing the network as operational and technologically advanced. 7 In addition to these public statements, Enron employees - including Yeager - allegedly made a number of laudatory comments about the EIN at a conference held for equity analysts in January 2000. 8 Two days later, Yeager sold 100,000 shares of Enron stock at $ 18 a share above their pre-conference price; this sale ...
 
 
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