Blueford v. Arkansas

Holding: The Double Jeopardy Clause does not bar the state from retrying Blueford on charges of capital murder and first-degree murder after the jury in Blueford’s original trial told the trial court that it had voted unanimously against those charges but was deadlocked on the manslaughter charge against him and eventually failed to reach a verdict, causing the court to declare a mistrial.

Plain English Summary: The defendant can be tried again on two serious charges even though the jury in the defendant's first trial unanimously agreed that the defendant was not guilty of those charges. Because the jury could not agree on the other charges in the case, the judge could properly declare a mistrial, requiring the defendant to face a second trial on all charges. The judge was not required to take a partial verdict acquitting the defendant on some of the charges.

Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on May 24, 2012. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.

Briefs and Documents

Merits Briefs for the Petitioner

• Brief of Alex Blueford
• Reply of Alex Blueford

Amicus Briefs in Support of the Petitioner

• Brief for Constitutional Accountability Center 
• Brief for Criminal Law Professors 
• Brief for the National Association of Criminal Defense Lawyers 

Merits Briefs for the Respondent

•  Brief for Arkansas

Amicus Briefs in Support of the Respondent

• Brief for the State of Michigan et al.

Certiorari-stage documents

• Opinion below (Ark. S. Ct.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Constitutional Accountability Center
• Amicus brief of the National Association of Criminal Defense Lawyers
• Amicus brief of Criminal Law Professors
• Petitioner's reply