Posted On: June 19, 2009 by Mary Frances Prevost

DOUBLE JEOPARDY AND HUNG JURIES

This case involves a criminal prosecution arising from the Enron scandal. The jury acquitted the def. on some counts and hung on others. Does double jeopardy bar retrial on the hung counts? The U.S. Supremes rule, "Thus, if the possession of insider information was a
critical issue of ultimate fact in all of the charges against petitioner, a jury verdict that necessarily decided that issue in his favor protects him from prosecution for any charge for which that is an essential element."

Yeager v. U.S.; 2009 DJ DAR 8878; DJ, 6/19/09; US Supremes