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Terry v. United States

Petition for certiorari denied on March 3, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-392 6th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether, in the context of a First-Amendment-protected contribution to a judicial campaign, the McCormick v. United States holding that campaign contributions cannot constitute bribery unless “the payments are made in return for an explicit promise or undertaking by the official to perform or not to perform an official act” mean “explicit,” or if not an explicit agreement, a certain quality and quantity of evidence is needed to permit a jury to only infer that an explicit agreement existed; (2) whether this standard requires proof of an “explicit” quid pro quo promise or undertaking in the sense of actually being communicated expressly, as various circuits have stated; or whether there can be a conviction based instead only on the jury’s inference that there was an unstated, inferred and implied agreement, a state of mind, connecting the contribution and the corrupt official action; (3) whether a public official may be prosecuted for the receipt of lawful campaign contributions in the absence of sufficient evidence of an “explicit” quid pro quo connection between those lawful campaign contributions and some official act; and (4) whether there must be there be a specific link with or connection between the giving of a campaign contribution from a donor to a public official for use in a political campaign and the latter’s performance of a specific and particular official act in order to sustain an Honest Services statute conviction and avoid a First Amendment concern.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 5 2013Application (13A60) to extend the time to file a petition for a writ of certiorari from July 28, 2013 to September 26, 2013, submitted to Justice Kagan.
Jul 11 2013Application (13A60) granted by Justice Kagan extending the time to file until September 26, 2013.
Sep 23 2013Petition for a writ of certiorari filed. (Response due October 28, 2013)
Oct 9 2013Waiver of right of respondent United States to respond filed.
Oct 16 2013DISTRIBUTED for Conference of November 1, 2013.
Oct 28 2013Response Requested . (Due November 27, 2013)
Nov 20 2013Order extending time to file response to petition to and including December 27, 2013.
Dec 4 2013Order further extending time to file response to petition to and including January 27, 2014.
Jan 27 2014Brief of respondent United States in opposition filed.
Feb 12 2014DISTRIBUTED for Conference of February 28, 2014.
Mar 3 2014Petition DENIED.
Term Snapshot
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