Circuit split · criminal procedure
Whether counts on which the jury hung (mistried counts) should be considered when analyzing the collateral-estoppel effect of an acquittal under the Double Jeopardy Clause.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Yeager521 F3D 367
Fifth Circuit Court of Appeals · March 17, 2008
“Where we part ways with our sister circuits is that they ignored the mistried counts after they determined that Powell does not apply.” — Parts ways with another circuit
Empirical analysis of this case →
The provision at issue
28 U.S.C. § 1291 — Final decisions of district courts
“The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other sideOhayon483 F.3d 1289
- On the other sideRomeo114 F.3d 144
- On the other sideBailin977 F.2d 279
- On the other side · 6th Cir.Frazier880 F.2d 883
“As the Sixth Circuit noted, “[n]o such inconsistency is necessarily present” because “[bjoth the acquittal and the failure to agree could result from a number of factors.” Frazier, 880 F.2d at 883 .” — United States v. Yeager, acknowledging the split
What the split turns on
- Anchor precedents:
- Powell ·
- Ashe ·
- Larkin
- Statutes:
- 28 U.S.C. § 1291
- Doctrines & tests:
- collateral estoppel
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.