| 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. |
