Editor's Note :

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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

Sutherland v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-433 4th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, when a defendant makes false statements to a United States Attorney’s Office in an effort to persuade that office to decline prosecution, the objective institutional relationship of that office with the grand jury satisfies the “nexus” required for obstruction or attempted obstruction of a grand jury proceeding under 18 U.S.C. § 1512(c)(2), regardless of whether the defendant subjectively knew, understood or believed the false documents would be given to the grand jury; and (2) whether, when a prosecutor commits misconduct in summation by misstating evidence relevant to an essential element of the offense, but the defendant fails to object, the fact that the district court provided the jury a standard instruction that “arguments are not evidence” necessarily precludes reversal on appeal for plain error based on the prosecutor’s misconduct.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 05 2019Application (19A144) to extend the time to file a petition for a writ of certiorari from August 15, 2019 to September 30, 2019, submitted to The Chief Justice.
Aug 07 2019Application (19A144) granted by The Chief Justice extending the time to file until September 30, 2019.
Sep 30 2019Petition for a writ of certiorari filed. (Response due November 1, 2019)
Oct 22 2019Motion to extend the time to file a response from November 1, 2019 to December 2, 2019, submitted to The Clerk.
Oct 23 2019Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2019.
Term Snapshot
At a Glance