Yeager v. United States (2008)
- Docket
- 08-67
- Decided
- 2008-01-01
Summary
Question: Does the Double Jeopardy Clause bar retrial when a jury acquits a defendant on some counts, but fails to reach a verdict on other counts whose essential elements must have been decided in the defendant's favor by a rational jury? Conclusion: Yes. The Supreme Court held that apparent inconsistencies between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect an acquittal's preclusive force. With Justice John Paul Stevens writing for the majority and joined by Chief Justice John G. Roberts, and Justices David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, and in part by Justice Anthony M. Kennedy, the Court stated that in Mr. Yeager's case, "if the possession of insider information was a critical issue of ultimate fact in all of the charges [against him], a jury that decided that issue in his favor protects him from prosecution for any charges for which that [fact] is an essential element." Justice Antonin G. Scalia dissented and was joined by Justices Clarence Thomas and Samuel A. Alito. He disagreed with the majority holding, arguing that it was a departure from not only the original meaning of the Double Jeopardy Clause, but the Court's own precedent. Justice Alito also wrote a separate dissenting opinion and was joined by Justices Scalia and Thomas. While acknowledging his disagreement with the majority holding, he argued that in light of the decision, the courts should rigorously apply the doctrine of issue preclusion. Based on this, an acquittal on one charge only precludes indictment for a second charge if a "rational jury" could not have acquitted on the precedent charge without finding in the defendant's favor on the factual element necessary to convict on the second charge. Justice Kennedy also wrote separately, concurring in part and concurring in the judgment. While agreeing with much of the majority holding, he noted the validity of Justice Alito's concerns with the decision.