1. Since issue preclusion is a civil doctrine and not originally part of the double jeopardy clause, should it apply in criminal cases? Should Ashe v Swenson be overturned?

2. Since issue preclusion only applies when a jury has necessarily decided an issue, should the fact that the jury hung on that issue in another count defeat the doctrine's application? Should Yeager v US be overturned?

3. Since a rational jury could have grounded Respondent's acquittal of murder in something other than reasonable doubt as to his identity as the perpetrator (such as lack of intent to commit murder), should issue preclusion bar retrial on other counts simply because it may have been more likely that he was acquitted on the basis of identity? Should the Michigan state courts' failure to apply Ashe and Yeager's "no rational jury" standard be overturned?

Should issue preclusion apply in criminal cases?