Shelby v. United States

Issue: 1) Whether the Supreme Court's decision in Yeager v. United States raises a “colorable question” as to the correctness of the Fifth Circuit's decision it reversed or provides no “basis to conclude that” it “created an intervening change or ‘correction’ in the applicable law”; and 2) whether an appeal from the denial of double jeopardy relief following a judgment of acquittal may be not “colorable” so as to destroy appellate jurisdiction, or whether appellate jurisdiction is a function of the category of order appealed.

Briefs and Documents

Certiorari-stage documents

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief for the Texas Criminal Defense Lawyers Association
• Petitioner's reply