What is the burden of proving that the issue whose relitigation was actually and necessarily decided in a second trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Alvarado-Romero, 28 F.3d 108 (9th Cir. 1994):
The defendant bears the burden of proving that the issue whose relitigation he seeks to foreclose was actually and necessarily decided in the first trial. Dowling v. U.S., 493 U.S. 342, 350 (1990) (citations omitted).
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