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Michael Nelson Currier v. Virginia

Paid petition · Supreme Court of Virginia, No. 160102 · judgment December 8, 2016

Decided · June 22, 2018
At-filing estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the Double Jeopardy Clause to the issue - preclusive effect of an acquittal.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Matthew Robert McGuire
Office of the Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage · 4 merits
(2 supporting pet./neither, 2 respondent)

Linked docket
16A810

Orders
Order list, October 16, 2017 · Certiorari granted
Order list, January 22, 2018

Argument & decision

Argued February 20, 2018 — Jeffrey L. Fisher · Matthew R. McGuire. Listen and read along · the Court’s audio

Decided June 22, 2018. Opinion by Gorsuch.

Proceedings

  1. Jul 24 2018
    JUDGMENT ISSUED.
  2. Jul 24 2018
    MANDATE ISSUED.
  3. Jun 28 2018
    Record returned to the Supreme Court of Virginia (4 volumes).
  4. 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.
  5. 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).
  6. Feb 01 2018
    Reply of petitioner Michael N.Currier filed. (Distributed)
  7. Jan 22 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  8. Jan 10 2018
    Record requested from the Supreme Court of Virginia
  9. Jan 09 2018
    Brief amicus curiae of United States filed. (Distributed)
  10. Jan 09 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  11. Jan 09 2018
    Brief amici curiae of State of Indiana, et al. filed. (Distributed)
  12. Jan 05 2018
    CIRCULATED
  13. Jan 02 2018
    Brief of respondent Virginia filed.
  14. Dec 20 2017
    SET FOR ARGUMENT ON Tuesday, February 20, 2018
  15. Dec 07 2017
    Brief amicus curiae of Cato Institute filed.
  16. Dec 07 2017
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  17. Nov 30 2017
    Brief of petitioner Michael N.Currier filed.
  18. Nov 30 2017
    Joint appendix filed. (Statement of costs filed.)
  19. Nov 16 2017
    Blanket Consent filed by Respondent, Virginia
  20. Nov 13 2017
    Blanket Consent filed by Petitioner, Michael N.Currier
  21. Oct 16 2017
    Petition GRANTED.
  22. Oct 10 2017
    DISTRIBUTED for Conference of 10/13/2017.
  23. Oct 02 2017
    DISTRIBUTED for Conference of 10/6/2017.
  24. Sep 29 2017
    Record received from the Supreme Court of Virginia (4 volumes).
  25. Sep 25 2017
    Record Requested.
  26. Aug 16 2017
    DISTRIBUTED for Conference of 9/25/2017.
  27. Aug 15 2017
    Reply of petitioner Michael N.Currier filed.
  28. Aug 04 2017
    Brief of respondent Virginia in opposition filed.
  29. Jun 21 2017
    Order extending time to file response to petition to and including August 10, 2017.
  30. Jun 13 2017
    Response Requested. (Due July 13, 2017)
  31. Jun 07 2017
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
  32. Jun 06 2017
    DISTRIBUTED for Conference of June 22, 2017.
  33. May 25 2017
    Waiver of right of respondent Virginia to respond filed.
  34. May 08 2017
    Petition for a writ of certiorari filed. (Response due June 7, 2017)
  35. Feb 14 2017
    Application (16A810) granted by The Chief Justice extending the time to file until May 7, 2017.
  36. 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.