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Evans v. Michigan

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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.

SCOTUSblog Coverage

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