Editor's Note :

Editor's Note :

On Wednesday the court hears oral argument in Trump v. Hawaii. Amy Howe has our preview.

McFadden v. United States

Petition 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.

DateProceedings and Orders
Sep 14 2016Application (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 2016Application (16A277) granted by The Chief Justice extending the time to file until November 25, 2016.
Nov 22 2016Petition for a writ of certiorari filed. (Response due December 22, 2016)
Dec 16 2016Order extending time to file response to petition to and including January 23, 2017.
Dec 22 2016Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 12 2017Order further extending time to file response to petition to and including February 23, 2017.
Feb 23 2017Brief of respondent United States in opposition filed.
Mar 14 2017Reply of petitioner Stephen Dominick McFadden filed.
Mar 15 2017DISTRIBUTED for Conference of March 31, 2017.
Apr 3 2017Petition DENIED.
Term Snapshot