McFadden v. United StatesPetition for certiorari denied on April 3, 2017
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-679||4th Cir.||N/A||N/A||N/A||N/A||OT 2016|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.
Issues: (1) Whether and under what circumstances overwhelming evidence of an element omitted from a criminal jury instruction is a sufficient basis for finding the error harmless; and (2) whether proof that the defendant knew the name and physiological effects of the product he was selling compels a jury to conclude that the defendant “knew he was dealing with a ‘controlled substance’” as required by McFadden v. United States.
|Date||Proceedings and Orders|
|Sep 14 2016||Application (16A277) to extend the time to file a petition for a writ of certiorari from September 28, 2016 to November 25, 2016, submitted to The Chief Justice.|
|Sep 19 2016||Application (16A277) granted by The Chief Justice extending the time to file until November 25, 2016.|
|Nov 22 2016||Petition for a writ of certiorari filed. (Response due December 22, 2016)|
|Dec 16 2016||Order extending time to file response to petition to and including January 23, 2017.|
|Dec 22 2016||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jan 12 2017||Order further extending time to file response to petition to and including February 23, 2017.|
|Feb 23 2017||Brief of respondent United States in opposition filed.|
|Mar 14 2017||Reply of petitioner Stephen Dominick McFadden filed.|
|Mar 15 2017||DISTRIBUTED for Conference of March 31, 2017.|
|Apr 3 2017||Petition DENIED.|