|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.|
Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief" https://twitter.com/AHoweBlogger/status/1352779432881217537
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
Today we Tok’d about cert petitions and the court’s private conference.
Tell us. How do you pronounce certiorari?
We expect orders from the court’s private conference today on Monday morning at 9:30 a.m. EST. Opinions at 10:00 a.m. EST.
Good news! The court will continue live audio streaming for its February sitting.
#SCOTUS announces that during the February argument session, which begins on 2/22, it will once again hear oral arguments by phone, w/live audio available to the public, b/c of COVID-19 pandemic: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-22-21
Check out the latest Relist Watch from @johnpelwood.
TEN new relists -- including 6 involving Pres. Trump/Trump Admin initiatives that strangely skipped the Jan. 15 conference: Emoluments Clause suits, Public Charge Rule, Title X abortion/counseling rule. Plus a call to revisit regulatory takings & Nevada's COVID restrictions. https://twitter.com/SCOTUSblogposts/status/1352358829317648384
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