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Carpenter v. United States
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.
Bravo-Fernandez v. United States
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.