DEFENDER SERVICES OFFICE
TRAINING DIVISION





The Defender Services Office Training Division furthers the right to effective assistance of counsel by providing training and other resources to attorneys appointed under the Criminal Justice Act.





Supreme Court Takes Up Another Double Jeopardy Case

Several weeks after rejecting a Double Jeopardy challenge to a retrial, the Court will once again take up the issue in  Evans v. Michigan (No. 11-1327).  In Evans the Court will decide 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.

In addition to granting certiorari in Evans, the Court also issued a summary opinion in Parker v. Matthews (No. 11-845), the Court held that the decision of Sixth Circuit, which set aside two twenty-nine-year-old murder convictions, is a textbook example of what the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) proscribes: “using federal habeas corpus review as a vehicle to second-guess the reasonable decisions of state courts.”
 

       Latest News Archives