|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-5991||9th Cir.||Oct 4, 2016||Dec 12, 2016||8-0||Breyer||OT 2016|
Holding: (1) The defendant's arguments that subsection (1) of the bank fraud statute, which covers schemes to deprive a bank of money in a customer's deposit account, does not apply to him because he intended to cheat only a bank depositor, not a bank, are unpersuasive; and (2) with regard to the parties' dispute over whether the district court improperly instructed the jury that a scheme to defraud a bank must be one to deceive the bank or deprive it of something of value, instead of one to deceive and deprive, the U.S. Court of Appeals for the 9th Circuit is left to determine whether that question was properly presented and if so, whether the instruction given is lawful, and, if not, whether any error was harmless.
Judgment: Vacated and remanded, 8-0, in an opinion by Justice Breyer on December 12, 2016.
|Date||Proceedings and Orders |
|Sep 4 2015||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2015)|
|Sep 30 2015||Order extending time to file response to petition to and including November 9, 2015.|
|Nov 6 2015||Order further extending time to file response to petition to and including December 9, 2015.|
|Dec 4 2015||Order further extending time to file response to petition to and including January 27, 2016.|
|Jan 28 2016||Order further extending time to file response to petition to and including March 10, 2016.|
|Mar 8 2016||Brief of respondent United States in opposition filed.|
|Mar 22 2016||Reply of petitioner Lawrence Eugene Shaw filed. (Distributed)|
|Mar 24 2016||DISTRIBUTED for Conference of April 15, 2016.|
|Apr 18 2016||DISTRIBUTED for Conference of April 22, 2016.|
|Apr 25 2016||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|May 13 2016||The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2016.|
|May 13 2016||The time to file respondent's brief on the merits is extended to and including August 15, 2016.|
|Jun 27 2016||Joint appendix filed. (Statement of costs filed)|
|Jun 27 2016||Brief of petitioner Lawrence Eugene Shaw filed.|
|Jul 5 2016||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jul 13 2016||SET FOR ARGUMENT on Tuesday, October 4, 2016.|
|Jul 22 2016||Record requested from U.S.C.A. 9th Circuit.|
|Jul 23 2016||The record received from U.S.C.A. 9th Circuit is electronic and located on PACER, with the exception of a SEALED document that is electronic.|
|Jul 23 2016||Record received from U.S.D.C. Central Dist. of California (Western Div. - Los Angeles) is electronic and located on PACER, with the exception of a SEALED document that is electronic.|
|Aug 15 2016||Brief of respondent United States filed.|
|Aug 19 2016||CIRCULATED.|
|Sep 14 2016||Reply of petitioner Lawrence Eugene Shaw filed. (Distributed)|
|Oct 4 2016||Argued. For petitioner: Koren L. Bell, Deputy Federal Public Defender, Los Angeles, Cal. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Dec 12 2016||Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.|
|Jan 13 2017||JUDGMENT ISSUED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).