· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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