United States v. Charles E. Coughlin

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellant.

Brief filed: 12/14/2012


United States v. Charles E. Coughlin

District of Columbia Circuit Court of Appeals; Case No. 11-3113


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.

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Laura G. FergusonTimothy O’Toole, Miller & Chevalier Chartered, Washington, DC.