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Supreme Court hears oral arguments in two Fifth Amendment cases
Supreme Court hears oral arguments in two Fifth Amendment cases

The US Supreme Court heard oral arguments in two Fifth Amendment cases Tuesday: Currier v. Virginia [transcript, PDF], and City of Hays v. Vogt [transcript, PDF].

In the Currier case [JURIST report], Currier faced trial for breaking and entering and grand larceny. While was acquitted on these charges, he was further charged with possession of a firearm after being convicted of a felony resulting from the facts of the same crime he was previously acquitted. Currier argues the issue preclusion component of the Double Jeopardy [text] Clause of the Fifth Amendment barred it. Nonetheless, the case was allowed to proceed and he was convicted. The Virginia Court of Appeals [official website] affirmed his conviction, reasoning that although courts are divided over whether issue preclusion applies when a severance of charges has occurred, in this case, it was to protect one from undue prejudice.

In City of Hays v. Vogt [JURIST report] a police officer admitted to appropriating a knife from work, sparking a criminal investigation. At issue is whether the police department using statements made at the probable cause hearing was unconstitutional on the basis of the Self-Incrimination Clause of the Fifth Amendment [text].