Currier v. Virginia
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1348 | 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
- A "view" from the courtroom: "Some good and hard thinking on all sides" (Mark Walsh, June 22, 2018)
- 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)
- 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 21, 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 |
|---|---|
| 02/09/2017 | 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. |
| 02/14/2017 | Application (16A810) granted by The Chief Justice extending the time to file until May 7, 2017. |
| 05/08/2017 | Petition for a writ of certiorari filed. (Response due June 7, 2017) |
| 05/25/2017 | Waiver of right of respondent Virginia to respond filed. |
| 06/06/2017 | DISTRIBUTED for Conference of June 22, 2017. |
| 06/07/2017 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 06/13/2017 | Response Requested. (Due July 13, 2017) |
| 06/21/2017 | Order extending time to file response to petition to and including August 10, 2017. |
| 08/04/2017 | Brief of respondent Virginia in opposition filed. |
| 08/15/2017 | Reply of petitioner Michael N.Currier filed. |
| 08/16/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 09/25/2017 | Record Requested. |
| 09/29/2017 | Record received from the Supreme Court of Virginia (4 volumes). |
| 10/02/2017 | DISTRIBUTED for Conference of 10/6/2017. |
| 10/10/2017 | DISTRIBUTED for Conference of 10/13/2017. |
| 10/16/2017 | Petition GRANTED. |
| 11/13/2017 | Blanket Consent filed by Petitioner, Michael N.Currier |
| 11/16/2017 | Blanket Consent filed by Respondent, Virginia |
| 11/30/2017 | Brief of petitioner Michael N.Currier filed. |
| 11/30/2017 | Joint appendix filed. (Statement of costs filed.) |
| 12/07/2017 | Brief amicus curiae of Cato Institute filed. |
| 12/07/2017 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 12/20/2017 | SET FOR ARGUMENT ON Tuesday, February 20, 2018 |
| 01/02/2018 | Brief of respondent Virginia filed. |
| 01/05/2018 | CIRCULATED |
| 01/09/2018 | Brief amici curiae of State of Indiana, et al. filed. (Distributed) |
| 01/09/2018 | Brief amicus curiae of United States filed. (Distributed) |
| 01/09/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/10/2018 | Record requested from the Supreme Court of Virginia |
| 01/22/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/01/2018 | Reply of petitioner Michael N.Currier filed. (Distributed) |
| 02/20/2018 | 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). |
| 06/22/2018 | 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. |
| 06/28/2018 | Record returned to the Supreme Court of Virginia (4 volumes). |
| 07/24/2018 | JUDGMENT ISSUED. |
| 07/24/2018 | MANDATE ISSUED. |