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North Carolina v. Agee5/10/1990
rmine an ultimate issue in the present case." Id. at , 107 L. Ed. 2d at 717. It stated:
e decline to extend Ashe v. Swenson and the collateral estoppel component of the Double Jeopardy Clause to exclude in all circumstances . . . relevant and probative evidence that is otherwise admissible under the Rules of Evidence simply because it relates to alleged criminal conduct for which a defendant has been acquitted.
{PA}
Page 552} Id. Evidence that the defendant broke into the witness' home was admissible in the bank robbery trial because of the different burdens of proof applicable to the two trials. In the trial for charges stemming from the break-in at the witness' home, the government bore the burden of proving beyond a reasonable doubt that the defendant committed the crime charged. In the subsequent trial on charges of bank robbery, the government sought to introduce the witness' testimony under Rule 404(b), which requires only that "the jury can reasonably conclude that the act occurred and that the defendant was the actor." Id. at , 107 L. Ed. 2d at 718 (quoting Huddleston v. United States, 485 U.S. 681, 689, 99 L. Ed. 2d 771, 782 (1988)).
Dowling answers defendant's argument that introduction of his marijuana possession was constitutionally impermissible under the collateral estoppel doctrine of the fifth amendment. Having previously held that the evidence was relevant, probative, and otherwise admissible under the Rules of Evidence, we affirm the Court of Appeals opinion which found no error in defendant's trial.
Affirmed.
Disposition
Affirmed.
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