Evans v. Michigan
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1327 | Mich. | Nov 6, 2012 | Feb 20, 2013 | 8-1 | Sotomayor | OT 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 Justice Sotomayor on February 20, 2013. Justice Alito filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion recap: Reaffirming double jeopardy’s line between “substantive” and “procedural” dismissals (Steve Vladeck, February 25, 2013)
- Argument recap: Court weighs its choices in double jeopardy case (Steve Vladeck, November 8, 2012)
- Argument preview: Double jeopardy and the distinction between the correct and incorrect elements of the charged offense (Steve Vladeck, November 2, 2012)
| Date | Proceedings and Orders |
|---|---|
| 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. |
