Beer v. United States, 180 L. Ed. 2d 909 (2011). · Go Syfert
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Beer v. United States, 180 L. Ed. 2d 909 (2011). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Truehill v. Florida (scotus, 2017-10-16)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Truehill v. Florida
SCOTUS · 2017 · signal: see, e.g. · confidence low
See, e.g., Beer v. United States , 564 U.S. 1050 , 131 S.Ct. 2865 , 180 L.Ed.2d 909 (2011) (remanding for consideration of unaddressed preclusion claim); Youngblood v. West Virginia , 547 U.S. 867 , 126 S.Ct. 2188 , 165 L.Ed.2d 269 (2006) ( per curiam ) (remanding for consideration of unaddressed claim under Brady v. Maryland , 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963) ).
Retrieving the full opinion text from the archive…
Beer Et Al.
v.
United States
09-1395.
Supreme Court of the United States.
Jun 28, 2011.
180 L. Ed. 2d 909
Scalia, Breyer.
Cited by 6 opinions  |  Relating-to

Lead Opinion

C. A. Fed. Cir. Certiorari granted, judgment vacated, and case remanded for consideration of tho queotion of preclusion raised by the Acting Solicitor General in his brief for the United States filed July 26, 2010. The Court considers it important that there be a decision on the question, rather than that an answer be deemed unnecessary in light of prior precedent on the merits. Further proceedings after decision of the preclusion question are for the Court of Appeals to determine in the first instance.

Justice Breyer would grant the petition for writ of certiorari and set the case for argument.

Dissent

Justice Scalia,

dissenting.

It has been my consistent view, not always shared by the Court, that “we have no power to oct aside the duly recorded judgments of lower courts unless we find them to be in error, or unless they are cast in doubt by a factor arising after they were rendered.”[*1051] Webster v. Cooper, 558 U. S. 1039, 1041-1042 (2009) (dissenting opinion). Today’s vacatur resembles that in Youngblood v. West Virginia, 547 U. S. 867 (2006) (per curiam), from which I dissented, id., at 870. I would grant the petition and set the case for argument.