Tyler v. United States

Brief of Amicus Curiae of the National Association of Criminal Defense Lawyers in Support of Petitioner (On Petitioner for a Writ of Certiorari).

Brief filed: 09/21/2017


Tyler v. United States

United States Supreme Court; Case No. 17-5410

Prior Decision

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Third Circuit.


The doctrinal foundation for the separate sovereigns exception has eroded. The practical foundation of the separate sovereigns doctrine has also been eroded. The purview of federal criminal law has expanded dramatically since United States v. Lanza. Federal and state law enforcement often work jointly, not as separate sovereigns.

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Jonathan L. Marcus, Caroline S. Van Zile, and Ryan J. Travers, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC; David M. Porter, NACDL, Sacramento, CA.