United States v. Charles E. Coughlin
Case Details
- Case No.: 11-3113
- Jurisdiction: District of Columbia Circuit Court of Appeals
Key Topics in the Case
Documents
Contrary to the District Court’s interpretation, Dowling does not establish a blanket rule that the issue preclusion component of the Double Jeopardy Clause never operates to exclude evidence. At the very least, where issue preclusion serves to narrow the indictment on retrial, evidence of acquitted conduct may not be admitted as “intrinsic” evidence, unregulated by Federal Rule of Evidence 404(b), and without engaging in a careful balancing under Rule 403.
Author(s)
Laura G. Ferguson & Timothy O’Toole, Miller & Chevalier Chartered, Washington, DC.
