Currier v. Virginia, No. 16-1348 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2144) (June 22, 2018) (Justice Gorsuch)
This is a complicated case that addressed some highly fact-specific issues that generated a sharp debate among the Justices about the reach of the protections of the Fifth Amendment’s Double Jeopardy Clause, particularly about whether that Clause includes issue preclusion protection for defendants, as first suggested in the Court’s 1970 ...
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