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Kaley v. United States

Certiorari Denied

Petition for certiorari denied on January 23, 2017.

Docket No.15-1539
Op. Below11th Cir.

Issue

(1) Whether, where an acquitted defendant contested multiple elements of the offense, was acquitted by a general verdict, and can demonstrate that the evidence of a particular element was constitutionally insufficient, the Double Jeopardy Clause collaterally estops the government from prosecuting the defendant for another offense that also requires proof of that particular element; and (2) where an acquitted defendant contested multiple elements of the offense, what burden of proof must he shoulder to establish that a particular element was "necessarily decided" in his favor for purposes of collateral estoppel.

Proceedings & orders timeline

Jun 23, 2016
Petition for a writ of certiorari filed. (Response due July 27, 2016)
Jun 29, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 20, 2016
Order extending time to file response to petition to and including August 26, 2016.
Jul 27, 2016
Brief amicus curiae of California Attorneys for Criminal Justice filed.
Jul 27, 2016
Brief amici curiae of Associations of Criminal Defense Attorneys filed.
Aug 4, 2016
Order further extending time to file response to petition to and including September 26, 2016.
Sep 13, 2016
Order further extending time to file response to petition to and including October 26, 2016.
Oct 17, 2016
Order further extending time to file response to petition to and including November 25, 2016.
Nov 21, 2016
Order further extending time to file response to petition to and including December 16, 2016.
Dec 16, 2016
Brief of respondent United States in opposition filed.
Jan 3, 2017
DISTRIBUTED for Conference of January 19, 2017.
Jan 4, 2017
Reply of petitioner Brian P. Kaley filed. (Distributed)
Jan 23, 2017
Petition DENIED.

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