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U.S. v. JENKINS

No. 89-1532.

902 F.2d 459 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Leon JENKINS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1990.

Rehearing and Rehearing Denied June 14, 1990.

Attorney(s) appearing for the Case

Lynn A. Helland (argued), Detroit, Mich., for plaintiff-appellee.

Cornelius Pitts (argued), Detroit, Mich., for defendant-appellant.

Before KRUPANSKY and RYAN, Circuit Judges; and JOHNSTONE, Chief District Judge.

Rehearing and Rehearing En Banc Denied June 14, 1990.

RYAN, Circuit Judge.

This case is concerned with application of the double jeopardy provision of the fifth amendment of the federal Constitution to the retrial of criminal charges on which the jury was deadlocked in the first trial. There are two principal issues:

1) Whether the doctrine of collateral estoppel, as incorporated in the fifth amendment bar against double jeopardy, precludes retrying...

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