Bravo-Fernandez v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-537 | 1st Cir. | Oct 4, 2016 | Nov 29, 2016 | 8-0 | Ginsburg | OT 2016 |
Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioners in this case.
Holding: The issue-preclusion component of the double jeopardy clause, which bars a second contest of an issue of fact or law raised and necessarily resolved by a prior judgment, does not bar the government from retrying defendants after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for legal error unrelated to the inconsistency.
Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on November 29, 2016. Justice Thomas filed a concurring opinion.
SCOTUSblog Coverage
- The unanimous first opinion of the term: A vacated conviction may be considered in assessing the preclusive double jeopardy effect of mixed acquittals and convictions (Rory Little, November 29, 2016)
- Argument analysis: Can a vacated conviction deprive a jury acquittal of double jeopardy preclusive effect? (Rory Little, October 5, 2016)
- Argument preview: Double jeopardy opens the Term (Rory Little, September 22, 2016)
- Court to rule on scope of retrial power (Lyle Denniston, March 28, 2016)
| Date | Proceedings and Orders |
|---|---|
| Oct 23 2015 | Petition for a writ of certiorari filed. (Response due November 27, 2015) |
| Nov 18 2015 | Order extending time to file response to petition to and including December 28, 2015. |
| Dec 16 2015 | Order further extending time to file response to petition to and including January 27, 2016. |
| Jan 22 2016 | Order further extending time to file response to petition to and including February 10, 2016. |
| Feb 10 2016 | Brief of respondent United States in opposition filed. |
| Feb 23 2016 | Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed. |
| Feb 24 2016 | DISTRIBUTED for Conference of March 18, 2016. |
| Mar 21 2016 | DISTRIBUTED for Conference of March 25, 2016. |
| Mar 28 2016 | Petition GRANTED limited to Question 1 presented by the petition. |
| Apr 7 2016 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2016. |
| Apr 7 2016 | The time to file respondent's brief on the merits is extended to and including August 12, 2016. |
| Jun 10 2016 | Joint appendix filed. |
| Jun 10 2016 | Brief of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed. |
| Jun 17 2016 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Jun 17 2016 | Brief amicus curiae of Cato Institute filed. |
| Jun 17 2016 | Brief amicus curiae of National Association for Public Defense filed. |
| Jun 17 2016 | Brief amici curiae of Criminal Law Professors filed. |
| Jul 13 2016 | SET FOR ARGUMENT on Tuesday, October 4, 2016. |
| Jul 22 2016 | Record requested from the U.S.C.A. 1st Circuit. |
| Jul 28 2016 | Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER. |
| Jul 29 2016 | Record received from the U.S.C.A. 1st Circuit is electroninc and located on PACER with the exception of one Joint Appendix (1 Box). |
| Aug 4 2016 | Record received from U.S.D.C. District of Puerto Rico (2 Boxes 1 of which is SEALED). |
| Aug 12 2016 | Brief of respondent United States filed. (Corrected copy filed & distributed 9/2/16.) |
| Aug 19 2016 | CIRCULATED. |
| Sep 12 2016 | Reply of petitioners Juan Bravo-Fernandez and Hector Martinez-Maldonado filed. (Distributed) |
| Oct 4 2016 | Argued. For petitioners: Lisa S. Blatt, Washington, D. C. For respondent: Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Nov 29 2016 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. |
| Jan 3 2017 | JUDGMENT ISSUED. |
