Evans v. Michigan

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.

SCOTUSblog Coverage

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.

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Editor's Note :

Evans v. Michigan

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

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Peabody Award

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