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Oliver v. McDaniels

Case dismissed, pursuant to Rule 46, on March 26, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-682 3d Cir. TBD TBD TBD TBD OT 2017

Issues: (1) Whether a one-sentence allegation of fact in the background section of a prisoner’s state court brief can be sufficient to exhaust a novel and complex federal constitutional double jeopardy claim; and (2) whether it is unreasonable to conclude that double jeopardy does not bar retrial, when the Supreme Court has repeatedly indicated that double jeopardy does not apply if the trial court lacks the power to enter a verdict.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 03 2017Petition for a writ of certiorari filed. (Response due December 8, 2017)
Dec 20 2017DISTRIBUTED for Conference of 1/5/2018.
Dec 22 2017Response Requested. (Due January 22, 2018)
Jan 22 2018Brief of respondent Audrey McDaniels in opposition filed.
Jan 22 2018Motion for leave to proceed in forma pauperis filed by respondent Audrey McDaniels.
Feb 07 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018DISTRIBUTED for Conference of 3/2/2018.
Feb 27 2018Record Requested.
Mar 12 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 13 2018Record received from U.S.C.A. for the 3rd Circuit (1 box of state court records). The remaining record is electronic and available on PACER.
Mar 20 2018Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
Mar 26 2018Petition Dismissed - Rule 46.
Apr 10 2018Record returned to the U.S.C.A. for the 3rd Circuit (1 box of state court records).