Supreme Court Review 2017/2018 TERM
SATURDAY, NOVEMBER 25, 2017
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Issue:  Recalling Jurors

Dietz v. Bouldin

15-458

QUESTION(S) PRESENTED

Whether, after a judge has discharged a jury from service in a case and the jurors have left the judge’s presence, the judge may recall the jurors for further service in the same case.

DECISION

Decided June 9, 2016 HOLDING

A federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying an error in the jury’s verdict. The District Court did not abuse that power here.

Author image Justice Sotomayor
Author Sotomayor
Agree image Justice Breyer
Agree Breyer
Dissent Author image Justice Thomas
Dissent Author Thomas
Recused image Justice Scalia
Recused Scalia
Agree image Chief Justice Roberts
Agree Roberts
Agree w/ Thomas image Justice Kennedy
Agree w/ Thomas Kennedy
Agree image Justice Ginsburg
Agree Ginsburg
Agree image Justice Alito
Agree Alito
Agree image Justice Kagan
Agree Kagan

SOTOMAYOR, J., delivered the opinion of the Court, in which ROBERTS, C. J., and GINSBURG, BREYER, ALITO, and KAGAN, JJ., joined. THOMAS, J., filed a dissenting opinion, in which KENNEDY, J., joined.

Text of Opinion
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ORAL ARGUMENT

Argued April 26, 2016

Appearences
On Behalf of Petitioner Rocky Dietz
Kannon K. Shanmugam, Esq.
On Behalf of Respondent Hillary Bouldin
Neal K. Katyal, Esq.
On Behalf of United States as amicus curiae.
John F. Bash, Assistant to the Solicitor General
Transcript
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Audio
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Merit Briefs
Brief for Rocky Dietz (pdf download)
Brief for Hillary Bouldin (pdf download)
Reply Brief for Rocky Dietz (pdf download)
Amicus Curiae Briefs
Amicus Brief for United States supporting Respondent (pdf download)

CERTIORARI STAGE

Granted January 19, 2016

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Ninth Circuit
Decided July 24, 2015
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