Roesser v. State
294 Ga. 295
Ga.2013Background
- Roesser was acquitted of malice murder, felony murder, and aggravated assault but the jury hung on voluntary manslaughter.
- State retried Roesser for voluntary manslaughter after mistrial on that count.
- Trial court denied double jeopardy collateral-estoppel plea; Court of Appeals affirmed.
- Roesser argued collateral estoppel bars retrial because the jury’s acquittal resolved the self-defense issue.
- Trial record showed the acquittal centered on self-defense; State argued otherwise.
- Court held collateral estoppel bars retrial because the acquittal necessarily decided Roesser acted in self-defense, a critical element of voluntary manslaughter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| collateral estoppel applies to bar retrial for voluntary manslaughter | Roesser argues acquittal resolved self-defense | State argues no essential issue precluded retrial | Yes; collateral estoppel bars retrial |
| whether the jury necessarily decided self-defense | Acquittal shows self-defense | Record insufficient to prove sole issue was self-defense | Yes; jury necessarily decided self-defense |
| scope of the 'nonevent' of a mistried count under Yeager | Mistrial on manslaughter count affects issue preclusion | Mistrial on count is nonevent for collateral estoppel | Nonevent; does not affect collateral estoppel analysis |
| whether malice and aggravated-assault verdicts indicate issues for voluntary manslaughter | Acquittals on related counts imply absence of malice | Malice elements separable from self-defense justification | Acquittals do not preclude finding malice absent without self-defense |
| whether voluntary manslaughter instruction was supported by evidence | Instruction requested as policy matter | Record lacked support for the instruction | Not controlling; collateral estoppel governs retrial |
Key Cases Cited
- Ashe v. Swenson, 397 U.S. 436 (1970) (jury must decide issues necessary to verdict; collateral estoppel bars relitigation of critical facts)
- Yeager v. United States, 557 U.S. 110 (2009) (nonevent of mistrial counts; determine issues decided by verdict)
- Ohayon, 483 F.3d 1281 (11th Cir. 2007) (issue-preclusion based on verdict record)
- Phillips v. State, 272 Ga. 840 (2000) (collateral estoppel not bar where issue not essential element of second offense)
- State v. Archie, 230 Ga. App. 253 (1998) (continuing jeopardy not controlling on collateral estoppel)