No. 25-407
Scott Breimeister v. United States
Amici (1)Response RequestedResponse Waived
Tags: double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny
Latest Conference:
N/A
Question Presented (from Petition)
I. What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim?
II. Does strict scrutiny apply to review a court's sua sponte decision to declare a mistrial based on government misconduct over a defendant's objection?
Question Presented (AI Summary)
What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim, and does strict scrutiny apply to review a court's sua sponte decision to declare a mistrial based on government misconduct over a defendant's objection?
Docket Entries
2026-01-28
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2026.
2026-01-26
Motion to extend the time to file a response from February 2, 2026 to March 4, 2026, submitted to The Clerk.
2026-01-26
Motion of United States for an extension of time submitted.
2025-12-22
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2026.
2025-12-19
Motion to extend the time to file a response from January 2, 2026 to February 2, 2026, submitted to The Clerk.
2025-12-19
Motion of United States for an extension of time submitted.
2025-12-03
Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
2025-12-03
Amicus brief of The National Association of Criminal Defense Lawyers and the Cato Institute submitted.
2025-11-25
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2026.
2025-11-24
Motion to extend the time to file a response from December 3, 2025 to January 2, 2026, submitted to The Clerk.
2025-11-24
Motion of United States for an extension of time submitted.
2025-11-03
Response Requested. (Due December 3, 2025)
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-10-22
Waiver of right of respondent United States to respond filed.
2025-10-22
Waiver of United States of right to respond submitted.
2025-10-02
Petition for a writ of certiorari filed. (Response due November 5, 2025)
2025-07-29
Application (25A114) granted by Justice Alito extending the time to file until October 2, 2025.
2025-07-24
Application (25A114) to extend the time to file a petition for a writ of certiorari from August 3, 2025 to October 2, 2025, submitted to Justice Alito.
Attorneys
Scott Breimeister
Josh Barrett Schaffer — Schaffer Law Offices, Petitioner
The National Association of Criminal Defense Lawyers and the Cato Institute
Adam Ryan Kleven — Vinson & Elkins LLP, Amicus
United States
D. John Sauer — Solicitor General, Respondent