Oliver v. McDaniels
Case dismissed, pursuant to Rule 46, on March 26, 2018
Issue: (1) Whether a one-sentence allegation of fact in the background section of a prisoner"s state court brief can be sufficient to exhaust a novel and complex federal constitutional double jeopardy claim; and (2) whether it is unreasonable to conclude that double jeopardy does not bar retrial, when the Supreme Court has repeatedly indicated that double jeopardy does not apply if the trial court lacks the power to enter a verdict.
SCOTUSblog Coverage
- OT2017 #19: "This Classroom Is Not Full" (First Mondays, March 26, 2018)
| Date | Proceedings and Orders |
|---|---|
| 11/03/2017 | Petition for a writ of certiorari filed. (Response due December 8, 2017) |
| 12/20/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 12/22/2017 | Response Requested. (Due January 22, 2018) |
| 01/22/2018 | Brief of respondent Audrey McDaniels in opposition filed. |
| 01/22/2018 | Motion for leave to proceed in forma pauperis filed by respondent Audrey McDaniels. |
| 02/07/2018 | DISTRIBUTED for Conference of 2/23/2018. |
| 02/26/2018 | DISTRIBUTED for Conference of 3/2/2018. |
| 02/27/2018 | Record Requested. |
| 03/12/2018 | DISTRIBUTED for Conference of 3/16/2018. |
| 03/13/2018 | Record received from U.S.C.A. for the 3rd Circuit (1 box of state court records). The remaining record is electronic and available on PACER. |
| 03/20/2018 | Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 received. |
| 03/26/2018 | Petition Dismissed - Rule 46. |
| 04/10/2018 | Record returned to the U.S.C.A. for the 3rd Circuit (1 box of state court records). |