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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
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

JusticeVoteSeparate writing
Justice Hugo L. BlackConcurrenceWrote an opinion
Justice William O. DouglasConcurrence
Justice John M. Harlan IIConcurrenceWrote an opinion
Justice William J. Brennan Jr.ConcurrenceWrote an opinion
Justice Potter StewartMajorityWrote an opinion
Justice Byron R. WhiteMajority
Justice Thurgood MarshallConcurrence
Chief Justice Warren E. BurgerDissentWrote an opinion

Full case caption

Ashe v. Swenson, Warden

SCDB identifiers: case 1969-072, docket 1969-072-01.

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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