Skilling v. United States
Petition for certiorari denied on April 16, 2012| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-674 | 5th Cir. | N/A | N/A | N/A | N/A | OT 2011 |
Issue: (1) Whether Neder v. United States permits a court conducting a harmless-error analysis in the context of an “alternative theory” case to consider only the strength of the government’s case on the legally valid theory, without regard to whether the defendant contested that theory enough to create a factual dispute that rationally could have been resolved in the defendant’s favor; and (2) whether a court conducting a harmless-error analysis in the context of an “alternative theory” case may categorically exclude the defendant’s testimony in his own defense on the legally valid theory.
Briefs and Documents
Certiorari-stage documents
Skilling v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1394 | 5th Cir. |
Mar 1, 2010 Tr. |
Jun 24, 2010 | 9-0 | Ginsburg | OT 2009 |
Holding: (1) Former Enron C.E.O. Jeffrey Skilling had a fair trial before an impartial jury despite publicity about his case before trial and community prejudice; and (2) the federal law that makes it a crime to deprive people of “honest services†covers only bribery and kickback schemes.
Judgment: Affirmed in part, reversed in part, and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on June 24, 2010. Justice Sotomayor filed a partial dissent, joined by Justice Stevens and Breyer. Justice Sotomayor also concurred in part.
SCOTUSblog Coverage
- "Honest services" law pared down
- Analysis: Problems with Enron jury
- “Honest services†fraud: Round 3
- Brief: "Honest services" law beyond saving
- Court to hear new Enron case
Briefs and Documents
Merits Briefs
- Brief for Petitioner Jeffrey Skilling
- Brief for Respondent United States of America
- Reply Brief for Petitioner Jeffrey K. Skilling
Amicus Briefs
- Brief for the Chamber of Commerce of the United States of America in Support of Petitioner
- Brief for Thomas Rybicki in Support of Petitioner
- Brief for the Texas Criminal Defense Lawyers Association and the Harris County Criminal Lawyers Association in Support of Petitioner
- Brief for ABC, Inc., Advance Publications, Inc., the Associated Press, Bloomberg L.P., Cable News Network LP, LLLP, California Newspaper Publishers Association, Dow Jones & Company, Inc., First Amendment Coalition, Gannett Co., Inc., The Hearst Corporation, The McClatchy Co., Media Law Resource Center, Inc., Medianews Group, Inc., The New York Times Co., Reporters Committee for Freedom of the Press, The Tribune Company, and the Washington Post in Support of Respondent
- Brief for National Association of Criminal Defense Lawyers in Support of Petitioner and Urging Reversal
- Brief for the Pacific Legal Foundation and the CATO Institute in Support of Neither Party
Certiorari-stage documents
-
Sponsored by Bloomberg Law
-
SCOTUSblog VideosSee all
In an unanimous decision, the Court held that a soybean farmer cannot reproduce agri-giant Monsanto’s patented, genetically modified seeds through planting and harvesting without the company’s permission. Marcia Coyle of The National Law Journal joins Jeffrey Brown to discuss the legal, agricultural, and technological implications of this decision.
-
Calendar: May 2013
May 2013
Su Mo Tu We Th Fr Sa 12345678101112141517181921222425262931- Orders/Opinions
- Arguments
- Conferences
- Holidays
- Multiple
-
Awards
Awarded the Peabody Award for excellence in electronic media. 
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision. 
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system. 
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Submit Event