Yeager v. US, No. 08-67 - Criminal Law - U.S. Supreme Court
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Yeager v. US, No. 08-67

In an appeal from the District Court's order denying an ex-Enron executive-defendant's motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.

Read the full decision in Yeager v. US, No. 08-67.

See the case docket.

Appellate Information:

On writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
Filed on June 18, 2009

Judges:

Stevens, J., delivered the opinion of the Court, in which Roberts, C. J., and Souter, Ginsburg, and Breyer, JJ., joined, and in which Kennedy, J., joined as to Parts I-III and V.

Kennedy, J., filed an opinion concurring in part and concurring in the judgment.

Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.

Alito, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined.

Counsel:

For Petitioner - Samuel J. Buffone, Ropes & Gray LLP. Washington, DC.

For Respondent - Elena Kagan, Solicitor General, United States Department of Justice, Washington, DC.