- 17 - (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).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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