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Today's Grants and Orders

By Kent Scheidegger et al.

The U.S. Supreme Court granted review in five cases. The orders list can be found here. The Court granted certiorari in four cases, and agreed to hear an appeal from Citizens United in Citizens United v. Federal Election Commission (08-205). Filings in each of the cases can be found at SCOTUSblog. One of the more interesting grants, Yeager v. United States, raises the issue of "Whether, under the Double Jeopardy Clause, the government may retry defendants acquitted of some charges on factually related counts on which the jury failed to reach a verdict." A gut reaction to this question is "Yes." But in this case, Yeager is claiming that collateral estoppel precludes relitigation of the facts common to his acquitted counts (conspiracy, securities fraud, and wire fraud charges) and the counts to which the jury could not decide (insider trading and companion money laundering charges)...continue to full post

Full post as published by Crime and Consequences on November 14, 2008 (boomark / email).