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Decided

Blueford v. Arkansas

Docket No.10-1320
Op. BelowArk. S. Ct.
ArgumentFeb 22, 2012
Vote6-3
AuthorJohn Roberts
OpinionMay 24, 2012
TermOctober Term 2011
SCOTUS PageOpinion

Holding

The Double Jeopardy Clause does not bar the state from retrying Blueford on charges of capital murder and first-degree murder after the jury in Blueford"s original trial told the trial court that it had voted unanimously against those charges but was deadlocked on the manslaughter charge against him and eventually failed to reach a verdict, causing the court to declare a mistrial.

Judgment

Affirmed, 6-3, in an opinion by John Roberts on May 24, 2012. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Merits Briefs for the Respondent

Amicus Briefs in Support of the Respondent

[##CERT-STAGE##]

Related Coverage

Proceedings & orders timeline

Apr 25, 2011
Petition for a writ of certiorari filed. (Response due May 27, 2011)
May 2, 2011
Waiver of right of respondent Arkansas to respond filed.
May 17, 2011
DISTRIBUTED for Conference of June 2, 2011.
May 23, 2011
Response Requested . (Due June 22, 2011)
May 25, 2011
Brief amicus curiae of Constitutional Accountabiity Center filed.
Jun 3, 2011
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 21, 2011
Brief amici curiae of Criminal Law Professors filed.
Jun 22, 2011
Brief of respondent Arkansas in opposition filed.
Jun 27, 2011
Reply of petitioner Alex Blueford filed.
Jun 29, 2011
DISTRIBUTED for Conference of September 26, 2011.
Oct 3, 2011
DISTRIBUTED for Conference of October 7, 2011.
Oct 11, 2011
Petition GRANTED.
Nov 25, 2011
Joint appendix filed. (Statement of costs filed)
Nov 25, 2011
Brief of petitioner Alex Blueford filed.
Dec 2, 2011
Brief amicus curiae of Constitutional Accountabiity Center filed.
Dec 2, 2011
Brief amici curiae of Criminal Law Professors filed.
Dec 2, 2011
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 19, 2011
SET FOR ARGUMENT ON Wednesday, February 22, 2012.
Dec 21, 2011
The time to file respondent's brief on the merits is extended to and including January 3, 2012.
Jan 3, 2012
Brief of respondent Arkansas filed.
Jan 5, 2012
Arkansas Supreme Court Record received (Electronic)
Jan 6, 2012
Record from Supreme Court of Arkansas is electronic.
Jan 10, 2012
Brief amici curiae of Michigan, et al. filed.
Jan 12, 2012
CIRCULATED
Jan 17, 2012
Motion of Michigan, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Jan 25, 2012
Reply of petitioner Alex Blueford filed. (Distributed)
Feb 17, 2012
Motion of Michigan, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Feb 22, 2012
Argued. For petitioner: Clifford M. Sloan, Washington, D. C. For respondent: Dustin McDaniel, Attorney General, Little Rock, Ark.
May 24, 2012
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Breyer, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined.
Jun 25, 2012
MANDATE ISSUED.

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