Ashe v. Swenson
397 U.S. 436 · Decided April 6, 1970 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Ashe v. Swenson was decided on April 6, 1970 by a vote of 7–1. The Court reversed the lower court's decision. Justice Potter Stewart wrote the opinion of the Court. SCDB classifies its main issue as “Double jeopardy” in the Criminal Procedure area. SCDB codes this decision as formally altering one or more of the Court's own precedents.
Read the opinion
Case details
- Citations
- 397 U.S. 436 · 90 S. Ct. 1189 · 25 L. Ed. 2d 469 · 1970 U.S. LEXIS 54
- Docket number
- 57
- Decided
- April 6, 1970
- Argued
- November 13, 1969
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 7–1
- Majority opinion
- Potter Stewart
- Opinion assigned by
- Hugo L. Black
- How the case arrived
- Certiorari
- Issue (SCDB)
- Double jeopardy
- Issue area
- Criminal Procedure
- Legal provision
- Fifth Amendment (double jeopardy)
- Type of law
- Constitutional amendment
- Altered precedent
- Yes — formally altered the Court's precedent
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Concurrence | Wrote an opinion |
| Justice William O. Douglas | Concurrence | |
| Justice John M. Harlan II | Concurrence | Wrote an opinion |
| Justice William J. Brennan Jr. | Concurrence | Wrote an opinion |
| Justice Potter Stewart | Majority | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Concurrence | |
| Chief Justice Warren E. Burger | Dissent | Wrote an opinion |
Full case caption
Ashe v. Swenson, Warden
SCDB identifiers: case 1969-072, docket 1969-072-01.
Related decisions
Other cases on “Double jeopardy”
- Waller v. Florida
- Moon v. Maryland
- Price v. GeorgiaAltered precedent
- Colombo v. New York
- Thompson v. United States
- North Carolina v. Pearce
Cases on the same legal provision: Fifth Amendment (double jeopardy)
Same Term, same area (Criminal Procedure)
- Debacker v. Brainard
- United States v. Knox
- Minor v. United States
- Morales v. New York
- Molinaro v. New Jersey
- Sigler v. Parker
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error