|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.
|Date||Proceedings and Orders |
|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.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050