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· 7/23/1975

United States v. Joseph Cala

Citations

  • 521 F.2d 605
  • 1975 U.S. App. LEXIS 13538

How courts have described this case

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

  • summarizing Ashe v. Swenson , 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970)
  • “the defendant can prevail only if the issue which he seeks to preclude from consideration was ‘necessarily’ resolved in his favor in the prior proceeding”
  • \The burden . . . is on [the one asserting collateral estoppel] to establish that the issue he seeks to foreclose from litigation in the present prosecution was necessarily decided in his favor by the prior verdict.\
  • `The burden . . . is on [the one asserting collateral estoppel] to establish that the issue he seeks to foreclose from litigation in the present prosecution was necessarily decided in his favor by the prior verdict.'
  • 'The burden ... is on [the one asserting collateral estoppel] to establish that the issue he seeks to foreclose from litigation in the present prosecution was necessarily decided in his favor by the prior verdict.'

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Hays, Mansfield

Read full opinion on CourtListener

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.