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U.S. v. FRAZIER

Nos. 88-5392, 88-5528.

880 F.2d 878 (1989)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. William K. FRAZIER and Mark B. DeBusk, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 26, 1989.

Rehearing and Rehearing Denied September 12, 1989.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty., Chattanooga, Tenn., Robert E. Simpson, Asst. U.S. Atty., Knoxville, Tenn., J. Edgar Schmutzer, Asst. U.S. Atty., Greeneville, Tenn., Joseph C. Wyderko (argued), Dept. of Justice, Crim. Div., Appellate Section, Washington, D.C., for U.S.

Gordon Ball (argued), Newport, Tenn., for William K. Frazier.

Bob Jessee (argued), Johnson City, Tenn., for Mark B. DeBusk.

Before MERRITT and NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 12, 1989.

LIVELY, Senior Circuit Judge.

This appeal and cross-appeal require us to determine whether principles of collateral estoppel prevent a second trial in a prosecution under a multicount indictment where a jury has acquitted the defendants on some counts and has been unable to agree on other counts.

I.

A.

In 1982 William Frazier was president of a bank in Bristol, Tennessee...

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