Brief of the National Association of Criminal Defense Lawyers as amicus curiae in Support of Petitioner (on Petition for a Writ of Certiorari).
Argument: Richardson does not apply when the jury reaches a verdict after the prosecution had a full opportunity to present its case. Yeager confirms that Richardson should not be applied categorically. Rote extension of Richardson offends the original understanding of the collateral order doctrine.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners.
Argument: Relying on a vacated conviction to deprive an acquittal of its collateral estoppel effect is inconsistent with Yeager and fundamentally unfair. The First Circuit's decision makes collateral estoppel effectively unavailable in multi-count prosecutions resulting in a vacated conviction. The First Circuit's decision encourages overcharging and successive prosecutions.