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Evans v. Michigan

Docket No.11-1327
Op. BelowMich.
ArgumentNov 6, 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 Sonia Sotomayor on Feb 20, 2013. Justice Alito filed a dissenting opinion.

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.

Proceedings & orders timeline

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

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