|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-537||1st Cir.||Oct 4, 2016||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.
|Date||Proceedings and Orders |
|Oct 23 2015||Petition for a writ of certiorari filed. (Response due November 27, 2015)|
|Nov 18 2015||Order extending time to file response to petition to and including December 28, 2015.|
|Dec 16 2015||Order further extending time to file response to petition to and including January 27, 2016.|
|Jan 22 2016||Order further extending time to file response to petition to and including February 10, 2016.|
|Feb 10 2016||Brief of respondent United States in opposition filed.|
|Feb 23 2016||Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.|
|Feb 24 2016||DISTRIBUTED for Conference of March 18, 2016.|
|Mar 21 2016||DISTRIBUTED for Conference of March 25, 2016.|
|Mar 28 2016||Petition GRANTED limited to Question 1 presented by the petition.|
|Apr 7 2016||The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2016.|
|Apr 7 2016||The time to file respondent's brief on the merits is extended to and including August 12, 2016.|
|Jun 10 2016||Joint appendix filed.|
|Jun 10 2016||Brief of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.|
|Jun 17 2016||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jun 17 2016||Brief amicus curiae of Cato Institute filed.|
|Jun 17 2016||Brief amicus curiae of National Association for Public Defense filed.|
|Jun 17 2016||Brief amici curiae of Criminal Law Professors filed.|
|Jul 13 2016||SET FOR ARGUMENT on Tuesday, October 4, 2016.|
|Jul 22 2016||Record requested from the U.S.C.A. 1st Circuit.|
|Jul 28 2016||Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER.|
|Jul 29 2016||Record 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 2016||Record received from U.S.D.C. District of Puerto Rico (2 Boxes 1 of which is SEALED).|
|Aug 12 2016||Brief of respondent United States filed. (Corrected copy filed & distributed 9/2/16.)|
|Aug 19 2016||CIRCULATED.|
|Sep 12 2016||Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed. (Distributed)|
|Oct 4 2016||Argued. 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 2016||Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.|
|Jan 3 2017||JUDGMENT ISSUED.|
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