The following excerpt is from Knapp v. Cardwell, 667 F.2d 1253 (9th Cir. 1982):
5 The majority suggests that such a bar would constitute "collateral estoppel," and that if invoked must, under the concept of mutuality, bind the defendant as well as the prosecution to any unfavorable factual findings that were not tainted by the defects requiring resentencing. At 1264 n.10. But the concept of mutuality would not appear to apply in this sort of "collateral estoppel." This is so because double jeopardy is a constitutional doctrine that provides the defendant with protections not afforded the prosecution-one of the ways in which "(i)n the administration of criminal justice, our society imposes almost the entire risk of error upon itself," Addington v. Texas, 441 U.S. 418, 423-24, 99 S.Ct. 1804, 1808, 60 L.Ed.2d 323 (1979).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.