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.
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.
