Whether evidence which resulted in acquittal should have been deemed inadmissible based on a prior acquittal's determination of an ultimate issue contrary to Downing v. United States

QUESTION PRESENTED WHETHER EVIDENCE FROM A PRIOR PROCEEDING WHICH RESULTED IN ACQUITTAL SHOULD HAVE BEEN DEEMED INADMISSIBLE BECAUSE THE ACQUITTAL DETERMINED AN ULTIMATE ISSUE CONTRARY TO THIS COURT’S HOLDING IN DOWNING V. UNITED STATES, 493 U.S. 342 (1990), WHICH HELD THAT A PRIOR A ACQUITTAL DOES NOT BAR THE USE OF EVIDENCE FROM THAT PRIOR PROCEEDING IN A SUBSEQUENT CASE UNLESS THE ACQUITTAL DETERMINED AN ULTIMATE ISSUE?