Supreme Court of Pennsylvania· 10/31/1980

Commonwealth v. Hude

Citations

425 A.2d 313
492 Pa. 600
1980 Pa. LEXIS 829

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“[Issue preclusion] seeks to prevent the re-litigation of a finally litigated issue in a subsequent proceeding between the same parties whether the same or different evidence is to be introduced.”
plurality opinion by Justice NIX, analyzing collateral estoppel aspect of double jeopardy
plurality opinion by Justice NIX, analyzing collateral estoppel aspect of double jeopardy
doctrine of collateral estoppel as embodied in double jeopardy clause bars defendant’s trial for perjury based on his testimony at prior trial where he was acquitted on all counts of narcotics violations; his credibility was necessarily decided at first trial
where sole issue litigated in prior trial was witness’ credibility, and the jury was forced to either accept the witness’ testimony or acquit the defendant and it resolved the issue in favor of the defendant, prosecution for perjury is barred

Source: CourtListener parenthetical corpus (CC0).

Judges: Nix, Roberts, Flaherty, Eagen, O'Brien

Read full opinion on CourtListener

Cited by

55 cases in this archive cite this case; the 20 most cited are listed.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.