Evans v. Michigan

Editor's Note :

Evans v. Michigan

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood

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Conference of February 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1327	Mich.	Nov 6, 2012 Tr.Aud.	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.

Opinion recap: Reaffirming double jeopardy’s line between “substantive” and “procedural” dismissals (Steve Vladeck)
Argument recap: Court weighs its choices in double jeopardy case (Steve Vladeck)
Argument preview: Double jeopardy and the distinction between the correct and incorrect elements of the charged offense (Steve Vladeck)

Date	Proceedings and Orders (key to color coding)
May 2 2012	Petition for a writ of certiorari filed. (Response due June 4, 2012)
May 8 2012	Brief of respondent Michigan in opposition filed.
May 16 2012	Reply of petitioner Lamar Evans filed.
May 22 2012	DISTRIBUTED for Conference of June 7, 2012.
Jun 11 2012	Petition GRANTED.
Jun 13 2012	Motion to dispense with printing the joint appendix filed by petitioner Lamar Evans.
Jun 20 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jun 29 2012	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 13 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 17, 2012.
Jul 13 2012	The time to file respondent's brief on the merits is extended to and including October 5, 2012.
Jul 23 2012	SET FOR ARGUMENT ON Tuesday, November 6, 2012
Aug 14 2012	Record received from Supreme Court of Michigan. (1 envelope)
Aug 15 2012	Brief of petitioner Lamar Evans filed.
Aug 17 2012	Record received from Court of Appeals of Michigan. (1 envelope)
Aug 22 2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Aug 24 2012	CIRCULATED.
Oct 5 2012	Brief of respondent Michigan filed. (Distributed)
Oct 12 2012	Brief amicus curiae of the United States filed. (Distributed)
Oct 12 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 26 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 29 2012	Reply of petitioner Lamar Evans filed. (Distributed)
Nov 6 2012	Argued. 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.)
Feb 20 2013	Judgment 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.
Mar 25 2013	MANDATE ISSUED.
May 8 2013	Record returned to Supreme Court of Michigan.
May 8 2013	Record returned to Court of Appeals of Michigan.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices met for their February 22 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Statistical Snapshot

Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)
Opinions

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)
Opinions