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SMITH v. MASSACHUSETTS

No. 03-8661.

543 U.S. 462 (2005)

SMITH v. MASSACHUSETTS.

Supreme Court of United States.

Decided February 22, 2005.

Attorney(s) appearing for the Case

David Nathanson argued the cause and filed briefs for petitioner.

Cathryn A. Neaves, Assistant Attorney General of Massachusetts, argued the cause for respondent. With her on the brief were Thomas F. Reilly, Attorney General, Dean A. Mazzone and Joseph M. Ditkoff, Special Assistant Attorneys General, and David M. Lieber, Assistant Attorney General.

Sri Srinivasan argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.*

SCALIA, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, SOUTER, and THOMAS, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which REHNQUIST, C. J., and KENNEDY and BREYER, JJ., joined, p. 475.

JUSTICE SCALIA delivered the opinion of the Court.

Midway through a jury trial, the judge acquitted petitioner of one of the three offenses charged. The question presented in this case is whether the Double Jeopardy Clause forbade the judge to reconsider that acquittal later in the trial.

I

Petitioner Melvin Smith was tried before a jury in the Superior Court of Suffolk County, Massachusetts, on charges...

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