|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-895||10th Cir.||Nov 12, 2013||Mar 5, 2014||7-2||Kagan||OT 2013|
Holding: For purposes of “aiding and abetting” liability under 18 U.S.C. § 924(c), which prohibits “us[ing] or carr[ying] a firearm “during and in relation to any crime of violence or drug trafficking crime,” the government must show that the defendant actively participated in the underlying drug trafficking or violent crime with advance knowledge that a confederate would use or carry a gun during the crime’s commission. The Court vacated the decision below and remanded the case because the trial court failed to instruct the jury that the defendant must have “advance knowledge” – that is, knowledge sufficiently in advance to have some “realistic opportunity to quit the crime” – that the gun would be used or carried.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kagan on March 5, 2014. Justice Scalia joined the opinion in all but footnotes 7 and 8. Justice Alito filed an opinion concurring in part and dissenting in part, in which Justice Thomas joined.
|Date||Proceedings and Orders |
|Nov 30 2012||Application (12A563) to extend the time to file a petition for a writ of certiorari from December 17, 2012 to January 16, 2013, submitted to Justice Sotomayor.|
|Dec 4 2012||Application (12A563) granted by Justice Sotomayor extending the time to file until January 16, 2013.|
|Jan 16 2013||Petition for a writ of certiorari filed. (Response due February 21, 2013)|
|Feb 13 2013||Order extending time to file response to petition to and including March 25, 2013.|
|Mar 12 2013||Order further extending time to file response to petition to and including April 24, 2013.|
|Apr 24 2013||Brief of respondent United States in opposition filed.|
|May 7 2013||DISTRIBUTED for Conference of May 23, 2013.|
|May 7 2013||Reply of petitioner Justus C. Rosemond filed. (Distributed)|
|May 28 2013||Petition GRANTED.|
|Jun 13 2013||The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 2, 2013.|
|Jun 13 2013||The time to file respondent's brief on the merits is extended to and including September 23, 2013.|
|Aug 2 2013||Joint appendix filed. (Statement of costs filed)|
|Aug 2 2013||Brief of petitioner Justus C. Rosemond filed.|
|Aug 2 2013||Motion to file Volume II of the joint appendix under seal filed by petitioner Justus C. Rosemond.|
|Aug 9 2013||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Aug 9 2013||Brief amici curiae of Gun Owners Foundation, et al. filed.|
|Aug 14 2013||Motion DISTRIBUTED for Conference of September 30, 2013.|
|Aug 19 2013||CIRCULATED.|
|Aug 20 2013||SET FOR ARGUMENT on Tuesday, November 12, 2013.|
|Sep 6 2013||Record received from United States Court of Appeals for the Tenth Circuit (1-box). There is a sealed document included in this record.|
|Sep 11 2013||Records received from USDC for the District of Utah electronically filed (Not PACER), which includes sealed documents. (3-files)|
|Sep 23 2013||Brief of respondent United States filed. (Distributed)|
|Oct 7 2013||Motion to file Volume II of the joint appendix under seal GRANTED.|
|Oct 22 2013||Reply of petitioner Justus C. Rosemond filed. (Distributed)|
|Nov 12 2013||Argued. For petitioner: John P. Elwood, Washington, D. C. For respondent: John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Mar 5 2014||Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Scalia, J., joined in all but footnotes 7 and 8. Alito, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined.|
|Apr 7 2014||JUDGMENT ISSUED.|
|Apr 8 2014||Record received from United States Court of Appeals for the Tenth Circuit has been returned.|
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
It’s a quiet week, so now is a great time to listen to Judge John Owens regale @AHoweBlogger with the tale of Ashton Embry and the greatest leak in Supreme Court history.
Come for the high drama, stay for the good humor and an RBG story or two.
The biggest leak in Supreme Court history - SCOTUSblog
In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had ...
The US Supreme Court should overturn the Facebook’s “Oversight Board’s” “ruling” which upholds the outlawing of the 45th President of the United States from social media.
This is a big tech, corporate oligarchy without standing and it’s gone too far. Enough is enough.
The Supreme Court will hear its last case of the term today at 10:00 a.m. EDT.
Here’s a summary of Terry v. United States in a TikTok minute.
Tomorrow, the Supreme Court will tackle the legacy of the Reagan-era War on Drugs and Congress' attempt to reduce the punishment disparity between crack-cocaine and powder cocaine offenses.
As @ekownyankah notes, this case has a little bit of everything.
In final case the court will hear this term, profound issues of race, incarceration and the war on drugs - SCOTUSblog
Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy ...
JUST IN: Another shadow-docket filing in which a church argues that state COVID-related restrictions lack sufficient carveouts for religious worship. This one challenges Colorado's restrictions. It relies heavily on last month's ruling in Tandon v. Newsom.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.