This Week at the U.S. Supreme Court: Oral Arguments in Criminal Procedure Cases

Evans v. Michigan (Tuesday, Nov. 5, 2012)
Issue: 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.

Here for background on the case and summary of the arguments

Smith v. U.S. (Tuesday, Nov. 5, 2012)
Issue: 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negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdrawn, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member of the conspiracy during the relevant period – a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.

Here for background on the case and summary of the arguments

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