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).
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.
Brief of Amici Curiae National Association of Criminal Defense Lawyers, National Association of Federal Defenders, and Texas Criminal Defense Lawyers Association in Support of Petitioner.
Argument: The foundations of the separate sovereigns exception have eroded. The purview of federal criminal law has expanded since United States v. Lanza. Federal and state law enforcement often work jointly in cooperation.