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Bourke v. United States

Petition for certiorari denied on April 15, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-531 2d Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether, in light of the Court's decision in Global-Tech Appliances, Inc. v. SEB S.A, the jury in a federal criminal case must be instructed that willful blindness substitutes for actual knowledge only when (a) the defendant subjectively believes that there is a high probability that a fact exists and takes "deliberate actions" to avoid learning of that fact, and (b) the defendant's conduct surpasses recklessness with respect to the fact; (2) whether jurors must agree unanimously on a specific overt act to return a guilty verdict under the general federal conspiracy statute, 18 U.S.C. § 371, or it is sufficient if all jurors agree that some overt act was committed even if they cannot agree on which act; and (3) whether, in a criminal trial, when the prosecution seeks to bolster the inculpatory testimony of a principal cooperating witness with portions of a hearsay memorandum by the witness' associate, exclusion of exculpatory and explanatory portions of the same memorandum violates Federal Rule of Evidence 106 as interpreted in light of Beech Aircraft Corp. v. Rainey, and this Court's compulsory process and due process decisions.

DateProceedings and Orders (key to color coding)
Oct 25 2012Petition for a writ of certiorari filed. (Response due November 30, 2012)
Nov 23 2012Order extending time to file response to petition to and including January 2, 2013.
Nov 30 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 20 2012Order further extending time to file response to petition to and including February 1, 2013.
Jan 28 2013Order further extending time to file response to petition to and including March 4, 2013.
Mar 4 2013Brief of respondent United States in opposition filed.
Mar 12 2013Reply of petitioner Frederic Bourke, Jr. filed.
Mar 20 2013DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013Petition DENIED.