No. 16-1348October Term 2017Decided Jun 22, 2018
Currier v. Virginia
A defendant who agrees to separate trials could not use the earlier acquittal here to stop the later felon-in-possession trial.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 22, 2018
- What it's about
Michael Currier was acquitted in a first trial on burglary and larceny charges, then convicted in a separate second trial on a felon-in-possession charge after he had agreed to split the charges into two trials. The case asked whether that second trial was barred by the Double Jeopardy Clause because the first jury had already decided issues in his favor.
Question presented
Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the Double Jeopardy Clause to the issue - preclusive effect of an acquittal.
- Case path
Supreme Court of Virginia / Decision released Jun 22, 2018
- Area
Decided Supreme Court case
Briefing
What it's about
The Supreme Court said Virginia could try Michael Currier on a felon-in-possession charge after he agreed to split his charges into two trials. Currier argued the second trial should have been blocked because the first jury had acquitted him on burglary and larceny counts.
Vote
The Court affirmed the Virginia judgment on June 22, 2018. The prompt does not provide the vote count or opinion lineup.
Impact
The decision affects defendants who agree to separate trials on related charges. For example, someone cleared on some counts may still face a later trial on another count from the same event if he agreed to severance (splitting the charges).
What's next
The Supreme Court has finished this case. The Virginia result remains in place.
What was the main fight in Currier v. Virginia?
The case asked whether Currier gave up his double jeopardy argument by agreeing to two trials. He said the first acquittal should have blocked the second case.
Who is most affected by this decision?
Defendants and prosecutors in cases with several related charges are most affected. The ruling matters when the defense agrees to split those charges into separate trials.
What happens after the Supreme Court's decision in this case?
This docket action is over at the Supreme Court. The Virginia judgment stands, and any further steps would have to come outside this completed Supreme Court proceeding.
Decision
What the Court decided
A defendant who agrees to separate trials could not use the earlier acquittal here to stop the later felon-in-possession trial.
Impact
The decision affects defendants who agree to separate trials on related charges. For example, someone cleared on some counts may still face a later trial on another count from the same event if he agreed to severance (splitting the charges).
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 16-1348
docket | Jun 1, 2026
Primary case document
Supreme Court document | Jun 1, 2026
CourtListener docket record
docket | Jun 1, 2026
Questions Presented
brief | May 25, 2026
opinion
opinion | Jun 22, 2018
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026