|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-1095||5th Cir.||Nov 30, 2015||Jan 25, 2016||9-0||Thomas||OT 2015|
Holding: 1) When a jury instruction adds an element to the charged crime and the government fails to object, a challenge to the sufficiency of the evidence should be assessed against the elements of the charged crime, rather than the elements set forth in the erroneous jury instruction; and (2) a defendant cannot successfully raise a statute-of-limitations bar for the first time on appeal.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on January 25, 2016.
|Date||Proceedings and Orders |
|Mar 9 2015||Petition for a writ of certiorari filed. (Response due April 10, 2015)|
|Apr 2 2015||Order extending time to file response to petition to and including May 11, 2015.|
|Apr 30 2015||Order further extending time to file response to petition to and including May 26, 2015.|
|May 22 2015||Brief of respondent United States in opposition filed.|
|Jun 2 2015||DISTRIBUTED for Conference of June 18, 2015.|
|Jun 2 2015||Reply of petitioner Michael Musacchio filed. (Distributed)|
|Jun 22 2015||DISTRIBUTED for Conference of June 25, 2015.|
|Jun 29 2015||Petition GRANTED.|
|Jul 7 2015||The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2015.|
|Jul 7 2015||The time to file respondent's brief on the merits is extended to and including October 13, 2015.|
|Aug 28 2015||Joint appendix filed. (Statement of costs filed)|
|Aug 28 2015||Brief of petitioner Michael Musacchio filed.|
|Oct 9 2015||SET FOR ARGUMENT on Monday, November 30, 2015|
|Oct 13 2015||Brief of respondent United States filed.|
|Oct 19 2015||Record requested from U.S.C.A. 5th Circuit.|
|Oct 27 2015||CIRCULATED|
|Nov 12 2015||Reply of petitioner Michael Musacchio filed. (Distributed)|
|Nov 30 2015||Argued. For petitioner: Erik S. Jaffe, Washington, D. C. For respondent: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jan 25 2016||Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.|
|Feb 26 2016||Judgment Issued|
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf
JUST IN: The Supreme Court DENIES Arizona GOP chair Kelli Ward's bid to block the Jan. 6 committee from reviewing her phone records. Clarence Thomas and Samuel Alito dissent from the court's brief, unexplained order denying Ward's request.
NEW: Another fight on the shadow docket over a subpoena seeking information about election interference. Arizona GOP chairwoman Kelli Ward is asking SCOTUS to block the Jan. 6 committee's subpoena for her phone records. Here's Ward's filing: https://www.scotusblog.com/wp-content/uploads/2022/10/22A350.pdf