Bravo-Fernandez v. United States

Bravo-Fernandez v. United States

Argued October 4, 2016
Decided November 29, 2016
Full case name Juan Bravo-Fernandez and Hector Martinez-Maldonado, Petitioners v. United States
Docket nos. 15–537
Citations

580 U.S. ___ (more)

Prior history On Writ of Certiorari to the United States Court of Appeals for the First Circuit
Court membership
Chief Justice
John G. Roberts
Case opinions
Majority Ginsburg, joined by unanimous
Concurrence Thomas
Laws applied
Fifth Amendment to the United States Constitution

Bravo-Fernandez v. United States, 580 U.S. ___ (2016), was a case in which the Supreme Court of the United States clarified the application of the Fifth Amendment's Double Jeopardy Clause to cases in which a jury returns irreconcilable verdicts that convict a defendant on one count and acquit a defendant on another count when both counts rely upon the same ultimate fact.[1]

In a unanimous opinion written by Justice Ruth Bader Ginsburg, the Court held that the government may re-try criminal defendants after a jury returns irreconcilable verdicts when the conviction is later vacated because of a procedural error that is unrelated to the inconsistency.[2] Justice Clarence Thomas filed a concurring opinion, stating that although he joins with the majority, the Court should reconsidered the two cases that Ginsburg relied on in her argument, Ashe v. Swenson and Yeager v. United States.[3]

See also

References

  1. ↑ Bravo-Fernandez v. United States, No. 15–537, 580 U.S. ___ (2016), slip. op. at 1-2.
  2. ↑ Bravo-Fernandez, slip. op. at 18-19.
  3. ↑ Bravo-Fernandez, slip. op. at 1-2 (Thomas concurring).

External links

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