SCOTUS: Judge-granted acquittal -- even if erroneous -- bars retrial

SCOTUS today released its decision in Evans v. Michigan first discussed here on the day of argument. In an arson case, the Michigan trial judge granted a judgment of acquittal at the close of the state's case, finding that the state had missed an element. The state appealed within the state system, and the Michigan Supreme Court held that the "missing element" was not really an element of the offense. Because the trial judge had added an extra element, the acquittal was error and the state supreme court, finding no double jeopardy bar, ordered retrial. Not so fast, says the U.S. Supreme Court in an 8-1 opinion by Justice Sotomayor (Alito, J., dissents). A judge-ordered acquittal bars retrial, the Court said, even if the trial judge's decision is "based upon an egregiously erroneous foundation." (quoting Fong Foo v. U.S.).

SCOTUS: Hague Convention case not mooted by order to return child

The Supreme Court held today in Chafin v. Chafin, that a case brought under the Hague Convention on the Civil Aspects of International Child Abduction is not rendered moot in the United States by a District Court's order for return of the child to another country (in this case, Scotland). In a unanimous opinion, Chief Justice Roberts noted that the parties continue to contest issues related to residence of the child and related issues.

SCOTUS gives pat on the head to Aldo, the drug sniffing dog

The United States Supreme Court has held that a Florida's police officer's reliance on the olfactory powers of Aldo, the drug-sniffing dog, was enough to constitute probable cause to search the defendant's vehicle. Florida v. Harris (Feb. 19, 2013). Reversing the Florida Supreme Court, the Justices held -- in the words of Justice Kagan -- that Aldo's sniff was "up to snuff."