Currier v. Virginia

Docket No. Op. Below Argument Opinion Vote Author Term
16-1348 Va. Feb 20, 2018
Tr.Aud.
Jun 22, 2018 5-4 Gorsuch OT 2017

Holding: Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.

Judgment: Affirmed, 5-4, in an opinion by Justice Gorsuch on June 22, 2018. Justice Gorsuch announced the judgment of the court and delivered the opinion of the court with respect to Parts I and II, in which Chief Justice Roberts and Justices Kennedy, Thomas, and Alito joined, and an opinion with respect to Part III, in which Chief Justice Roberts and Justices Thomas and Alito joined. Justice Kennedy filed an opinion concurring in part. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 09 2017Application (16A810) to extend the time to file a petition for a writ of certiorari from March 8, 2017 to May 7, 2017, submitted to The Chief Justice.
Feb 14 2017Application (16A810) granted by The Chief Justice extending the time to file until May 7, 2017.
May 08 2017Petition for a writ of certiorari filed. (Response due June 7, 2017)
May 25 2017Waiver of right of respondent Virginia to respond filed.
Jun 06 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 07 2017Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Jun 13 2017Response Requested. (Due July 13, 2017)
Jun 21 2017Order extending time to file response to petition to and including August 10, 2017.
Aug 04 2017Brief of respondent Virginia in opposition filed.
Aug 15 2017Reply of petitioner Michael N.Currier filed.
Aug 16 2017DISTRIBUTED for Conference of 9/25/2017.
Sep 25 2017Record Requested.
Sep 29 2017Record received from the Supreme Court of Virginia (4 volumes).
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 16 2017Petition GRANTED.
Nov 13 2017Blanket Consent filed by Petitioner, Michael N.Currier
Nov 16 2017Blanket Consent filed by Respondent, Virginia
Nov 30 2017Brief of petitioner Michael N.Currier filed.
Nov 30 2017Joint appendix filed. (Statement of costs filed.)
Dec 07 2017Brief amicus curiae of Cato Institute filed.
Dec 07 2017Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 20 2017SET FOR ARGUMENT ON Tuesday, February 20, 2018
Jan 02 2018Brief of respondent Virginia filed.
Jan 05 2018CIRCULATED
Jan 09 2018Brief amici curiae of State of Indiana, et al. filed. (Distributed)
Jan 09 2018Brief amicus curiae of United States filed. (Distributed)
Jan 09 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 10 2018Record requested from the Supreme Court of Virginia
Jan 22 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 01 2018Reply of petitioner Michael N.Currier filed. (Distributed)
Feb 20 2018Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Matthew R. McGuire, Deputy Solicitor General of Virginia, Richmond, Va.; and Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
Jun 22 2018Adjudged to be AFFIRMED. Gorsuch, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined, and an opinion with respect to Part III, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Kennedy, J., fled an opinion concurring in part. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Jun 28 2018Record returned to the Supreme Court of Virginia (4 volumes).
Jul 24 2018JUDGMENT ISSUED.
Jul 24 2018MANDATE ISSUED.
 
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