Editor's Note :

Editor's Note :

We expect orders from the June 26 Conference on Tuesday at 9:30 a.m. We will begin live-blogging at 9:15 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

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Bravo-Fernandez v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
15-537 1st Cir. Oct 4, 2016
Tr.Aud.
Nov 29, 2016 8-0 Ginsburg OT 2016

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioners in this case.

Holding: The issue-preclusion component of the double jeopardy clause, which bars a second contest of an issue of fact or law raised and necessarily resolved by a prior judgment, does not bar the government from retrying defendants after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for legal error unrelated to the inconsistency.

Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on November 29, 2016. Justice Thomas filed a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 23 2015Petition for a writ of certiorari filed. (Response due November 27, 2015)
Nov 18 2015Order extending time to file response to petition to and including December 28, 2015.
Dec 16 2015Order further extending time to file response to petition to and including January 27, 2016.
Jan 22 2016Order further extending time to file response to petition to and including February 10, 2016.
Feb 10 2016Brief of respondent United States in opposition filed.
Feb 23 2016Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.
Feb 24 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016DISTRIBUTED for Conference of March 25, 2016.
Mar 28 2016Petition GRANTED limited to Question 1 presented by the petition.
Apr 7 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2016.
Apr 7 2016The time to file respondent's brief on the merits is extended to and including August 12, 2016.
Jun 10 2016Joint appendix filed.
Jun 10 2016Brief of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.
Jun 17 2016Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 17 2016Brief amicus curiae of Cato Institute filed.
Jun 17 2016Brief amicus curiae of National Association for Public Defense filed.
Jun 17 2016Brief amici curiae of Criminal Law Professors filed.
Jul 13 2016SET FOR ARGUMENT on Tuesday, October 4, 2016.
Jul 22 2016Record requested from the U.S.C.A. 1st Circuit.
Jul 28 2016Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER.
Jul 29 2016Record received from the U.S.C.A. 1st Circuit is electroninc and located on PACER with the exception of one Joint Appendix (1 Box).
Aug 4 2016Record received from U.S.D.C. District of Puerto Rico (2 Boxes 1 of which is SEALED).
Aug 12 2016Brief of respondent United States filed. (Corrected copy filed & distributed 9/2/16.)
Aug 19 2016CIRCULATED.
Sep 12 2016Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed. (Distributed)
Oct 4 2016Argued. For petitioners: Lisa S. Blatt, Washington, D. C. For respondent: Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Nov 29 2016Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
Jan 3 2017JUDGMENT ISSUED.
 
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