Oscar Dillon, III v. United States
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Whether the Fifth Amendment's Double Jeopardy Clause prohibits the introduction of acquitted criminal conduct under Rule 404(b) in a separate trial when the charged crimes are unrelated
QUESTION PRESENTED The Eighth Circuit United States Court of Appeals determined that criminal culpability derived from verdicts of aquittals are admissible in separate trials even if the charged crimes are unrelated. As this acquitted criminal culpability is being introduced pursuant to Rule 404 (b). (Federal Rule of Evidence), does the Fifth Amendments' Double Jeopardy Clause protect relitigating criminal culpability already determined and finalized by a preexisting jury that the defendant lacks the capacity to be responsible for those criminal acts? i