November 3, 2012
Next week's criminal law/procedure arguments
Issue summaries are from ScotusBlog:
Tuesday, Nov. 6
- Evans v. Michigan: Whether the Double Jeopardy Clause bars retrial after the trial judge erroneously holds a particular fact to be an element of the offense and then grants a midtrial directed verdict of acquittal because the prosecution failed to prove that fact.
- Smith v. U.S.: Whether withdrawing from a conspiracy prior to the statute of limitations period negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdrawn, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member of the conspiracy during the relevant period – a fundamental due process question that is the subject of a well-developed circuit split.
November 3, 2012 | Permalink