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Bravo-Fernandez v. United States

Docket No.15-537
Op. Below1st Cir.
ArgumentOct 4, 2016

Holding

The issue-preclusion component of the double jeopardy clause, which bars a second contest of an issue of fact or law raised and necessarily resolved by a prior judgment, does not bar the government from retrying defendants after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for legal error unrelated to the inconsistency.

Judgment

Affirmed, 8-0, in an opinion by Ruth Bader Ginsburg on Nov 29, 2016. Justice Thomas filed a concurring opinion.

Proceedings & orders timeline

Oct 23, 2015
Petition for a writ of certiorari filed. (Response due November 27, 2015)
Nov 18, 2015
Order extending time to file response to petition to and including December 28, 2015.
Dec 16, 2015
Order further extending time to file response to petition to and including January 27, 2016.
Jan 22, 2016
Order further extending time to file response to petition to and including February 10, 2016.
Feb 10, 2016
Brief of respondent United States in opposition filed.
Feb 23, 2016
Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.
Feb 24, 2016
DISTRIBUTED for Conference of March 18, 2016.
Mar 21, 2016
DISTRIBUTED for Conference of March 25, 2016.
Mar 28, 2016
Petition GRANTED limited to Question 1 presented by the petition.
Apr 7, 2016
The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2016.
Apr 7, 2016
The time to file respondent's brief on the merits is extended to and including August 12, 2016.
Jun 10, 2016
Joint appendix filed.
Jun 10, 2016
Brief of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed.
Jun 17, 2016
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 17, 2016
Brief amicus curiae of Cato Institute filed.
Jun 17, 2016
Brief amicus curiae of National Association for Public Defense filed.
Jun 17, 2016
Brief amici curiae of Criminal Law Professors filed.
Jul 13, 2016
SET FOR ARGUMENT on Tuesday, October 4, 2016.
Jul 22, 2016
Record requested from the U.S.C.A. 1st Circuit.
Jul 28, 2016
Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER.
Jul 29, 2016
Record received from the U.S.C.A. 1st Circuit is electroninc and located on PACER with the exception of one Joint Appendix (1 Box).
Aug 4, 2016
Record received from U.S.D.C. District of Puerto Rico (2 Boxes 1 of which is SEALED).
Aug 12, 2016
Brief of respondent United States filed. (Corrected copy filed & distributed 9/2/16.)
Aug 19, 2016
CIRCULATED.
Sep 12, 2016
Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed. (Distributed)
Oct 4, 2016
Argued. For petitioners: Lisa S. Blatt, Washington, D. C. For respondent: Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Nov 29, 2016
Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
Jan 3, 2017
JUDGMENT ISSUED.

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