“[A]ny fact that increases the mandatory minimum [sentence] is an ‘element’ that must be submitted to the jury.”
S. Sotomayor
Missouri v. McNeely, No. 11–1425, __U.S. __ (April 17, 2013).
Rejects argument that “the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases,” and holds instead “that exigency in this context must be determined case by case based on the totality of the circumstances.”
Evans v. Michigan, No. 11-1327, __ U.S. __ (Feb. 20, 2013).
A directed verdict of acquittal based on failure to prove an “element” which the trial court erroneously thought was part of the charge was an acquittal for Fifth Amendment double jeopardy purposes.
Southern Union Co. v. United States, No. 11–94, __U.S.__ (June 21, 2012).
Apprendi v. New Jersey requires a jury resolution of facts on which imposition of a criminal fine rests.
Blueford v. Arkansas, No. 10–1320, 566 U.S. ____ (May 24, 2012).
The jury foreperson’s report that the jury was unanimous regarding the charges of capital murder and first-degree murder in his favor was not a final resolution when the trial ended in a mistrial, and so the Double Jeopardy Clause does not bar retrying defendant on those charges.