Skip to content

Kaley v. United States

Petition for certiorari denied on January 23, 2017

Docket No. Op. Below Argument Opinion Vote Author Term
15-1539 11th Cir. N/A N/A N/A N/A OT 2016

Issue: (1) Whether, where an acquitted defendant contested multiple elements of the offense, was acquitted by a general verdict, and can demonstrate that the evidence of a particular element was constitutionally insufficient, the Double Jeopardy Clause collaterally estops the government from prosecuting the defendant for another offense that also requires proof of that particular element; and (2) where an acquitted defendant contested multiple elements of the offense, what burden of proof must he shoulder to establish that a particular element was "necessarily decided" in his favor for purposes of collateral estoppel.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/23/2016Petition for a writ of certiorari filed. (Response due July 27, 2016)
06/29/2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
07/20/2016Order extending time to file response to petition to and including August 26, 2016.
07/27/2016Brief amicus curiae of California Attorneys for Criminal Justice filed.
07/27/2016Brief amici curiae of Associations of Criminal Defense Attorneys filed.
08/04/2016Order further extending time to file response to petition to and including September 26, 2016.
09/13/2016Order further extending time to file response to petition to and including October 26, 2016.
10/17/2016Order further extending time to file response to petition to and including November 25, 2016.
11/21/2016Order further extending time to file response to petition to and including December 16, 2016.
12/16/2016Brief of respondent United States in opposition filed.
01/03/2017DISTRIBUTED for Conference of January 19, 2017.
01/04/2017Reply of petitioner Brian P. Kaley filed. (Distributed)
01/23/2017Petition DENIED.