Supreme Court of the United States

Yeager v. United States

June 18, 2009557 U.S. 110

Summary

The Court held that the Double Jeopardy Clause precludes retrial on counts where the jury hung if acquittals on related counts necessarily decided an issue of ultimate fact in the defendant's favor. Hung counts cannot be considered in the issue-preclusion analysis because they provide no basis for discerning what the jury determined. Justice Scalia and Justice Alito dissented, arguing the holding conflicts with the original meaning of the Clause and the principle of continuing jeopardy.