Editor's Note :

Editor's Note :

We expect orders from the February 23 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.
On Monday the court hears oral argument in Janus v. American Federation of State, County, and Municipal Employees, Council 31. Amy Howe has our preview.
On Monday the court also hears oral argument in Ohio v. American Express Co. Beth Farmer has our preview.

Renico v. Lett

Docket No. Op. Below Argument Opinion Vote Author Term
09-338 6th Cir. Mar 29, 2010
May 3, 2010 6-3 Roberts OT 2009

Holding: Under the Double Jeopardy Clause, a criminal defendant can be subjected to a new trial if the jury in his original trial was deadlocked and could not reach a unanimous verdict. In this case, a state court ordered a new trial after finding an initial jury deadlocked, and in the second trial, the defendant was convicted. A federal court overturned the conviction after concluding that the trial court did not try hard enough to get the first jury to reach a unanimous verdict. The Supreme Court reversed, holding that the federal court did not give enough deference to the state trial court’s judgment about whether the first jury was truly deadlocked.

Judgment: Reversed and Remanded, 6-3, in an opinion by Chief Justice John Roberts on May 3, 2010. Justice Stevens dissented, joined by Justice Sotomayor and in part by Justice Breyer.

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