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Price v. Vincent April 21, 2003 (02-524) return to case listing Case Summary Respondent was charged with first-degree murder and at the conclusion of the prosecution's case, the judge granted Respondent's motion for a directed verdict. The judge ordered that the second-degree murder and felony firearm possession charges remain. After Respondent took the stand and testified about the circumstances of the shooting, however, the Judge decided to reinstate all of the charges and allow the jury to determine which degree should apply. Respondent was found guilty of first-degree murder and received the mandatory life without parole sentence. Respondent appealed arguing that the judge's decision to change the directed verdict amounted to a violation of the double jeopardy clause. The Michigan Court of Appeals agreed and changed Respondent's conviction to second-degree murder. The Supreme Court of Michigan reversed and found that the judge's comments did not constitute an acquittal of first-degree murder. Six years later, Respondent filed a habeas corpus petition. The district court found that the continuation of Respondent's trial put him in double jeopardy. The U.S. Court of Appeals for the Sixth Circuit affirmed and held that the judge's statement was an acquittal and that the court's action violated the double jeopardy clause. The opinion of the Sixth Circuit is found at 292 F.3d 506. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 5-4 to Reverse 6-3 to Reverse n/a 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist Stevens O'Connor Scalia Kennedy Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Stevens Souter Ginsburg Breyer Souter Ginsburg Breyer   return to case listing