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Evans v. Michigan

Docket No. Op. Below Argument Opinion Vote Author Term
11-1327 Mich. Nov 6, 2012 Feb 20, 2013 8-1 Sotomayor OT 2012

Holding: The Double Jeopardy Clause bars retrial following a court-directed acquittal, even if the acquittal was erroneous.

Judgment: Reversed, 8-1, in an opinion by Justice Sotomayor on February 20, 2013. Justice Alito filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
05/02/2012Petition for a writ of certiorari filed. (Response due June 4, 2012)
05/08/2012Brief of respondent Michigan in opposition filed.
05/16/2012Reply of petitioner Lamar Evans filed.
05/22/2012DISTRIBUTED for Conference of June 7, 2012.
06/11/2012Petition GRANTED.
06/13/2012Motion to dispense with printing the joint appendix filed by petitioner Lamar Evans.
06/20/2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
06/29/2012Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
07/13/2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 17, 2012.
07/13/2012The time to file respondent's brief on the merits is extended to and including October 5, 2012.
07/23/2012SET FOR ARGUMENT ON Tuesday, November 6, 2012
08/14/2012Record received from Supreme Court of Michigan. (1 envelope)
08/15/2012Brief of petitioner Lamar Evans filed.
08/17/2012Record received from Court of Appeals of Michigan. (1 envelope)
08/22/2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
08/24/2012CIRCULATED.
10/05/2012Brief of respondent Michigan filed. (Distributed)
10/12/2012Brief amicus curiae of the United States filed. (Distributed)
10/12/2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/26/2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/29/2012Reply of petitioner Lamar Evans filed. (Distributed)
11/06/2012Argued. For petitioner: David A. Moran, Ann Arbor, Mich. For respondent: Timothy A. Baughman, Detroit, Mich.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
02/20/2013Judgment REVERSED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Ginsburg, Breyer, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion.
03/25/2013MANDATE ISSUED.
05/08/2013Record returned to Supreme Court of Michigan.
05/08/2013Record returned to Court of Appeals of Michigan.

Holding: The Double Jeopardy Clause bars retrial following a court-directed acquittal, even if the acquittal was erroneous.

 

Judgment:”Reversed, 8-1, in an opinion by Justice Sotomayor on February 20, 2013. Justice Alito filed a dissenting opinion.