Dallas developer fails appeal to block retrial on bribery charges

Dallas-based AmeriSouth Realty founder Ruel Hamilton lost his attempt to dismiss a pending federal program bribery charge on appeal after the Fifth Circuit said a second trial in the case was permissible.

Judge Cory T. Wilson wrote Monday for the U.S. Court of Appeals for the Fifth Circuit that Hamilton could not prove that the factual issue underlying the allegation was actually decided in his first trial. That means that collateral estoppel – which prohibits parties from relitigating a final issue of fact resolved by a valid and final judgment – does not prevent further subsequent proceedings, he said.

The real estate developer was convicted…