Michael J. Fitzpatrick - Page 17

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            (5th Cir. 1985).  The defendant in Price was acquitted of two                                  
            counts and inconsistently convicted on a third count concerning                                
            conspiracy to obtain gratuities.  On appeal, the conviction was                                
            reversed and remanded for a new trial on the conspiracy count.                                 
            In the second trial the defendant was again convicted. On appeal,                              
            the defendant argued that under the doctrine of collateral                                     
            estoppel, the trial court improperly permitted the introduction                                
            of evidence which should have been barred as a result of the                                   
            acquittal on two of the charges.  The Court of Appeals affirmed                                
            the conviction, holding that, by convicting the defendant in the                               
            first trial, the jury necessarily resolved factual issues                                      
            adversely to the defendant.  The court stated that the                                         
            inconsistent verdicts on the other two counts were not to be read                              
            as a finding of fact favorable to the defendant on evidence which                              
            overlapped each count.  In sum, the teaching of Price is that                                  
            collateral estoppel is properly applied as to those facts                                      
            necessary to find for conviction, notwithstanding that those                                   
            facts may have also been essential to a related charge on which                                
            the defendant was acquitted.  United States v. Chin, 795 F.2d                                  
            496, 499 (5th Cir. 1986); cf. Blanton v. Commissioner, 94 T.C.                                 
            491 (1990) (Court applies collateral estoppel to certain facts                                 
            for which taxpayer was convicted under the Hobbs Act,                                          
            notwithstanding the dismissal of related mail fraud charges).                                  







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