CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, 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negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdrawn, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member of the conspiracy during the relevant period – a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.

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