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.

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Date	Proceedings and Orders (key to color coding)
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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Editor's Note :

Bravo-Fernandez v. United States

SCOTUSblog Coverage

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

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