NACDL - Walker v. Texas

Walker v. Texas

Brief for Amici Curiae National Association of Criminal Defense Lawyers and Florida Association of Criminal Defense Lawyers – Miami Chapter in Support of Petitioner (on Petition for Writ of Certiorari).

Brief filed: 12/12/2016

Documents

Walker v. Texas

United States Supreme Court; Case No. 16-636

Prior Decision

Case below Ex parte Walker, 489 S.W.3d 1 (Tex. App. 2016).

Argument

The doctrinal foundation of the separate sovereigns doctrine has been eroded. The practical foundation of the separate sovereigns doctrine has been eroded. The Court should abandon the separate sovereigns exception to the Double Jeopardy Clause to ensure that the Fifth Amendment guarantee against successive prosecutions accords with modern Constitutional jurisprudence and law enforcement practices.

Author(s)

Howard Srebnick and Joshua Shore, Black, Srebnick, Kornspan & Stumpf, P.A., Miami, FL; Terrance G. Reed, Lankford & Reed, PLLC, Alexandria, VA; Barbara E. Bergman, James E. Rogers College of Law, University of Arizona, Tucson, AZ.