Hirko v. United States

Amicus curiae brief of the National Association of Criminal Defense Lawyers and 11 Criminal Law Professors in support of the petitions for writ of certiorari.

Brief filed: 11/14/2008


Hirko v. United States

United States Supreme Court; Case No. 08-67

Prior Decision

(Consolidated cases) cert. granted 11/14/08

Question Presented

Whether, consistent with the Double Jeopardy Clause, a jury’s failure to reach a verdict on one count of a multi-count indictment can be “weighed” against an acquittal on another factually-related count in a manner that diminishes the acquittal’s collateral estoppel effect for future prosecutions.



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Kevin C. Newsome, et al., Bradley Arant Rose & White LLP, Birmingham, AL.