Blueford v. Arkansas - Post-Decision SCOTUScast
SCOTUScast 05-25-12 featuring McGregor Scott
May 25, 2012McGregor Scott
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Blueford v. Arkansas - Post-Decision SCOTUScast - MP3
Running Time: 00:08:13
On May 24, 2012, the Supreme Court announced its decision in Blueford v. Arkansas. This case involved a state court jury that had announced it was unanimous against guilt on charges of capital and first-degree murder, but ultimately deadlocked on a manslaughter charge. A mistrial was then declared and the jury discharged; there was no entry of a formal verdict. The question before the Supreme Court was whether the Fifth Amendment’s Double Jeopardy Clause prohibited the prosecutors from trying the defendant a second time on the capital and first-degree murder charges.
In an opinion delivered by Chief Justice Roberts, the Court held by a vote of 6-3 that the Double Jeopardy Clause did not protect the defendant from being retried on the capital and first-degree murder charges. Justices Scalia, Kennedy, Thomas, Breyer, and Alito joined the Chief Justice’s opinion. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.
To discuss the case, we have McGregor Scott, who is a Partner at Orrick, Herrington & Sutcliffe, LLP.
|Opinion - May 24, 2012 (PDF)|
|Oral Argument Transcript - February 22, 2012 (PDF)|