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Currier v. Virginia

Docket No.16-1348
Op. BelowVa.
ArgumentFeb 20, 2018
Vote5-4
AuthorNeil Gorsuch
OpinionJun 22, 2018
TermOctober Term 2017
SCOTUS PageOpinion

Holding

Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.

Judgment

Affirmed, 5-4, in an opinion by Neil Gorsuch on Jun 22, 2018. Justice Gorsuch announced the judgment of the court and delivered the opinion of the court with respect to Parts I and II, in which Chief Justice Roberts and Justices Kennedy, Thomas, and Alito joined, and an opinion with respect to Part III, in which Chief Justice Roberts and Justices Thomas and Alito joined. Justice Kennedy filed an opinion concurring in part. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.

Proceedings & orders timeline

Feb 9, 2017
Application (16A810) to extend the time to file a petition for a writ of certiorari from March 8, 2017 to May 7, 2017, submitted to The Chief Justice.
Feb 14, 2017
Application (16A810) granted by The Chief Justice extending the time to file until May 7, 2017.
May 8, 2017
Petition for a writ of certiorari filed. (Response due June 7, 2017)
May 25, 2017
Waiver of right of respondent Virginia to respond filed.
Jun 6, 2017
DISTRIBUTED for Conference of June 22, 2017.
Jun 7, 2017
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Jun 13, 2017
Response Requested. (Due July 13, 2017)
Jun 21, 2017
Order extending time to file response to petition to and including August 10, 2017.
Aug 4, 2017
Brief of respondent Virginia in opposition filed.Aug 15, 2017
Reply of petitioner Michael N.Currier filed.
Aug 16, 2017
DISTRIBUTED for Conference of 9/25/2017.
Sep 25, 2017
Record Requested.
Sep 29, 2017
Record received from the Supreme Court of Virginia (4 volumes).
Oct 2, 2017
DISTRIBUTED for Conference of 10/6/2017.
Oct 10, 2017
DISTRIBUTED for Conference of 10/13/2017.
Oct 16, 2017
Petition GRANTED.
Nov 13, 2017
Blanket Consent filed by Petitioner, Michael N.CurrierNov 16, 2017
Blanket Consent filed by Respondent, VirginiaNov 30, 2017
Brief of petitioner Michael N.Currier filed.Nov 30, 2017
Joint appendix filed. (Statement of costs filed.)Dec 7, 2017
Brief amicus curiae of Cato Institute filed.Dec 7, 2017
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 20, 2017
SET FOR ARGUMENT ON Tuesday, February 20, 2018
Jan 2, 2018
Brief of respondent Virginia filed.
Jan 5, 2018
CIRCULATED
Jan 9, 2018
Brief amicus curiae of United States filed. (Distributed)Jan 9, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Jan 9, 2018
Brief amici curiae of State of Indiana, et al. filed. (Distributed)
Jan 10, 2018
Record requested from the Supreme Court of Virginia
Jan 22, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 1, 2018
Reply of petitioner Michael N.Currier filed. (Distributed)
Feb 20, 2018
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Matthew R. McGuire, Deputy Solicitor General of Virginia, Richmond, Va.; and Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
Jun 22, 2018
Adjudged to be AFFIRMED. Gorsuch, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined, and an opinion with respect to Part III, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Kennedy, J., fled an opinion concurring in part. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Jun 28, 2018
Record returned to the Supreme Court of Virginia (4 volumes).
Jul 24, 2018
JUDGMENT ISSUED.
Jul 24, 2018
MANDATE ISSUED.

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