Bravo-Fernandez v. United States

Last updated
Bravo-Fernandez v. United States
Seal of the United States Supreme Court.svg
Argued October 4, 2016
Decided November 29, 2016
Full case nameJuan Bravo-Fernandez and Hector Martinez-Maldonado, Petitioners v. United States
Docket no. 15-537
Citations580 U.S. ___ ( more )
137 S. Ct. 352; 196 L. Ed. 2d 242
Case history
PriorUnited States v. Bravo-Fernandez, 790 F.3d 41 (1st Cir. 2015); cert. granted, 136 S. Ct. 1491 (2016).
Holding
The issue-preclusion component of the Double Jeopardy Clause does not bar the Government from retrying defendants, like petitioners, after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for legal error unrelated to the inconsistency.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Samuel Alito  · Sonia Sotomayor
Elena Kagan
Case opinions
MajorityGinsburg, joined by unanimous
ConcurrenceThomas
Laws applied
U.S. Const. amend. V

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]

Contents

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 reconsider the two cases that Ginsburg relied on in her argument, Ashe v. Swenson and Yeager v. United States . [3]

See also

Related Research Articles

Apodaca v. Oregon, 406 U.S. 404 (1972), was a United States Supreme Court case in which the Court held that state juries may convict a defendant by a less-than-unanimous verdict in a felony criminal case. The four-justice plurality opinion of the court, written by Justice White, affirmed the judgment of the Oregon Court of Appeals and held that there was no constitutional right to a unanimous verdict. Although federal law requires federal juries to reach criminal verdicts unanimously, the Court held Oregon's practice did not violate the Sixth Amendment right to trial by jury and so allowed it to continue. In Johnson v. Louisiana, a case decided on the same day, the Court held that Louisiana's similar practice of allowing criminal convictions by a jury vote of 9–3 did not violate due process or equal protection under the Fourteenth Amendment.

Montejo v. Louisiana, 556 U.S. 778 (2009), is a 5–4 decision by the United States Supreme Court that overruled the Court's decision in Michigan v. Jackson. The case concerned the validity of a defendant's waiver of his right to counsel during a police interrogation. In reversing Jackson, the Court said such a waiver was valid.

Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), was a United States Supreme Court decision in which the court found that the presumption against extraterritoriality applies to claims under the Alien Tort Claims Act. According to the Court's majority opinion, "it would reach too far to say that mere corporate presence suffices" to displace the presumption against extraterritoriality when all the alleged wrongful conduct takes place outside the United States.

Davis v. Ayala, 576 U.S. 257 (2015), was a case in which the Supreme Court of the United States upheld a death sentence of a Hispanic defendant despite the fact that all Blacks and Hispanics were rejected from the jury during the defendant's trial. The case involved a habeas corpus petition submitted by Hector Ayala, who was arrested and tried in the late 1980s for the alleged murder of three individuals during an attempted robbery of an automobile body shop in San Diego, California in April 1985. At trial, the prosecution used peremptory challenges to strike all Black and Hispanic jurors who were available for jury service. The trial court judge allowed the prosecution to explain the basis for the peremptory challenges outside the presence of Ayala's counsel, "so as not to disclose trial strategy". Ayala was ultimately sentenced to death, but he filed several appeals challenging the constitutionality of the trial court's decision to exclude his counsel from the hearings.

Kansas v. Carr, 577 U.S. ___ (2016), was a case in which the Supreme Court of the United States clarified several procedures for sentencing defendants in capital cases. Specifically, the Court held that judges are not required to affirmatively instruct juries about the burden of proof for establishing mitigating evidence, and that joint trials of capital defendants "are often preferable when the joined defendants’ criminal conduct arises out of a single chain of events". This case included the last majority opinion written by Justice Antonin Scalia before his death in February 2016.

McFadden v. United States, 576 U.S. 186 (2015), was a United States Supreme Court case in which the Court held that section 841 of the Controlled Substances Act requires the government to prove that to be in criminal violation, a defendant must be aware that an analogue defined by the Controlled Substance Analogue Enforcement Act with which he was dealing was a controlled substance.

Luis v. United States, 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the pre-trial restraint of assets needed to retain a defendant's counsel of choice when those assets have not been used in conjunction with criminal activity.

Ocasio v. United States, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court clarified whether the Hobbs Act's definition of conspiracy to commit extortion only includes attempts to acquire property from someone who is not a member of the conspiracy. The case arose when Samuel Ocasio, a former Baltimore, Maryland police officer, was indicted for participating in a kickback scheme with an automobile repair shop where officers would refer drivers of damaged vehicles to the shop in exchange for cash payments. Ocasio argued that he should not be found guilty of conspiring to commit extortion because the only property that was exchanged in the scheme was transferred from one member of the conspiracy to another, and an individual cannot be found guilty of conspiring to extort a co-conspirator.

Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), was a United States Supreme Court case in which the Court vacated and remanded a ruling by United States Court of Appeals for the Ninth Circuit on the basis that the Ninth Circuit had not properly determined whether the plaintiff has suffered an "injury-in-fact" when analyzing whether he had standing to bring his case in federal court. The Court did not discuss whether "the Ninth Circuit’s ultimate conclusion — that Robins adequately alleged an injury in fact — was correct."

Army Corps of Engineers v. Hawkes Co., 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that a Clean Water Act jurisdictional determination issued by the United States Army Corps of Engineers is reviewable under the Administrative Procedure Act because jurisdictional determinations constitute "final agency action". For a federal agency decision or action to be reviewable in court under the Administrative Procedures Act, it must be a “final” agency action, meaning that there are no further steps that can be taken before it has an impact on the legal rights or obligations of any affected parties.

<span class="mw-page-title-main">2016 term per curiam opinions of the Supreme Court of the United States</span>

The Supreme Court of the United States handed down nine per curiam opinions during its 2016 term, which began October 3, 2016 and concluded October 1, 2017.

Shaw v. United States, 580 U.S. ___ (2016), was a United States Supreme Court case that clarified the application of the federal bank fraud statute to cases where a defendant intends to only defraud a customer of the bank, rather than the bank itself.

Buck v. Davis, 580 U.S. ___ (2017), was a case in which the United States Supreme Court reversed the death sentence of the defendant Duane Buck after the defendant's attorney introduced evidence that suggested the defendant would be more likely to commit violent acts in the future because he was black.

Peña-Rodriguez v. Colorado, 580 U.S. ___ (2017), was a United States Supreme Court decision holding that the Sixth Amendment requires a racial bias exception to the no-impeachment rule. According to two jurors, a third juror made a number of biased statements about the defendant's Mexican ethnicity, stating, "I think he did it because he’s Mexican and Mexican men take whatever they want." In a 5–3 vote, the Court held that, notwithstanding a state evidentiary rule, the trial court must be permitted to consider the two jurors' testimony.

Manuel v. Joliet, 580 U.S. ___ (2017), was a case in which the United States Supreme Court held that a criminal defendant may bring a claim under the Fourth Amendment of the United States Constitution to challenge pretrial confinement. In a 6-2 majority opinion written by Justice Elena Kagan, the Court stated that "the Fourth Amendment governs a claim for unlawful pretrial detention even beyond the start of legal process". This decision reversed and remanded the judgment of the Seventh Circuit Court of Appeals. Justice Clarence Thomas wrote a dissenting opinion. Justice Thomas also joined a dissenting opinion by Justice Samuel Alito.

Expressions Hair Design v. Schneiderman, 581 U.S. ___ (2017), was a United States Supreme Court decision that held that price controls, when used to prohibit the communication of prices of goods with regards to a surcharge, was a regulation of speech and required an analysis of the First Amendment's protections for freedom of speech.

Life Technologies Corp. v. Promega Corp., 580 U.S. ___ (2017), was a case in which the United States Supreme Court clarified the application of the Patent Act of 1952 to the sale of components of patented inventions in foreign markets. In an opinion written by Associate Justice Sonia Sotomayor, the Court held that the sale of a "single component" in a foreign market "does not constitute a substantial portion of the components that can give rise to liability under [the Patent Act of 1952]." Justice Samuel Alito wrote an opinion concurring in part and concurring in the judgment, in which he was joined Justice Clarence Thomas. Chief Justice John Roberts took no part in the decision of the case.

Beckles v. United States, 580 U.S. ___ (2017), was a case in which the United States Supreme Court evaluated whether the residual clause in the United States Advisory Sentencing Guidelines was unconstitutionally vague.

Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), was a United States Supreme Court case related to trademark law under the Lanham Act. In the 9–0 decision on judgement, the Court ruled that a plaintiff in a trademark infringement lawsuit is not required to demonstrate that the defendant willfully infringed on their trademark to claim lost profit damages.

Ruan v. United States, 597 U.S. ___ (2022), was a case decided by the Supreme Court of the United States.

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, J., concurring).