Supreme Court of the United States · Official docket →
John Kevin Woodward v. California, et al.
Paid petition · Court of Appeal of California, Sixth Appellate District, No. H051311 · judgment March 14, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.
Question presented
The Fifth Amendment’s Double Jeopardy Clause bars retrial whenever a court’s order dismissing a criminal case constitutes an “acquittal.” Under this Court’s broad definition, an “acquittal” includes a finding that the evidence is insufficient to convict and also any other ruling which relates to the ultimate question of guilt or innocence. The Supreme Court of California excludes some of those rulings from its definition of an “acquittal” under the Fifth Amendment. The California Court limits an “acquittal” only to circumstances where the record clearly shows that the judge correctly applied the substantial evidence standard. Does the Supreme Court of California’s narrow test for an “acquittal” under the Fifth Amendment conflict with this Court’s precedent? (i)
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Aaron Daniel Pennekamp
State of California Department of Justice
Case
Conference history
Distributed for 5 conferences
Argument & decision
Decided February 24, 2025.
Proceedings
- Feb 24 2025Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
- Feb 14 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 20 2024Reply of petitioner John Woodward filed. (Distributed)
- Dec 06 2024Brief of respondents California, et al. in opposition filed.
- Oct 21 2024Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2024.
- Oct 18 2024Motion to extend the time to file a response from November 6, 2024 to December 6, 2024, submitted to The Clerk.
- Oct 07 2024Response Requested. (Due November 6, 2024)
- Oct 02 2024DISTRIBUTED for Conference of 10/18/2024.
- Sep 12 2024Waiver of right of respondent California, et al. to respond filed.
- Aug 27 2024Petition for a writ of certiorari filed. (Response due September 30, 2024)