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Elonis v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-1231 3d. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, as a matter of statutory or constitutional law, liability under 18 U.S.C. 875(c) requires an analysis of whether a reasonable person would be threatened by the communication, or whether it is instead sufficient to examine whether a particular recipient, whether reasonable or not, would have considered it threatening; and (2) whether an erroneous pre-trial holding that the defendant's subjective mental state is not an element of the crime, followed by jury instructions and government argument to the same effect, can be harmless error.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 11 2017Petition for a writ of certiorari filed. (Response due May 15, 2017)
May 10 2017Order extending time to file response to petition to and including June 14, 2017.
Jun 14 2017Brief of respondent United States in opposition filed.
Jun 26 2017Reply of petitioner Anthony Douglas Elonis filed. (Distributed)
Jun 28 2017DISTRIBUTED for Conference of September 25, 2017.
 
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