Currier v. Virginia
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1348 | Va. | Feb 20, 2018 | Jun 22, 2018 | 5-4 | Gorsuch | OT 2017 |
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 Justice Gorsuch on June 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.
SCOTUSblog Coverage
- Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial (Lissa Griffin, June 22, 2018)
- A "view" from the courtroom: "Some good and hard thinking on all sides" (Mark Walsh, June 22, 2018)
- Argument analysis: Grappling with the complexity of double jeopardy (Lissa Griffin, February 21, 2018)
- OT2017 #14: "Justice for Stormy" (First Mondays, February 19, 2018)
- Argument preview: Revisiting the double jeopardy conundrum (Corrected) (Lissa Griffin, February 13, 2018)
- Court releases February calendar (Amy Howe, December 20, 2017)
- OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays, October 30, 2017)
- Court adds four new cases to merits docket (Amy Howe, October 16, 2017)
- Petitions of the day (Aurora Barnes, July 12, 2017)
| Date | Proceedings and Orders |
|---|---|
| Feb 09 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 08 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 06 2017 | DISTRIBUTED for Conference of June 22, 2017. |
| Jun 07 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 04 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 02 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.Currier |
| Nov 16 2017 | Blanket Consent filed by Respondent, Virginia |
| Nov 30 2017 | Brief of petitioner Michael N.Currier filed. |
| Nov 30 2017 | Joint appendix filed. (Statement of costs filed.) |
| Dec 07 2017 | Brief amicus curiae of Cato Institute filed. |
| Dec 07 2017 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Dec 20 2017 | SET FOR ARGUMENT ON Tuesday, February 20, 2018 |
| Jan 02 2018 | Brief of respondent Virginia filed. |
| Jan 05 2018 | CIRCULATED |
| Jan 09 2018 | Brief amici curiae of State of Indiana, et al. filed. (Distributed) |
| Jan 09 2018 | Brief amicus curiae of United States filed. (Distributed) |
| Jan 09 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 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 01 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. |
