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McFadden v. United States

Petition for certiorari denied on April 3, 2017

Docket No. Op. Below Argument Opinion Vote Author Term
16-679 4th Cir. N/A N/A N/A N/A OT 2016

Issue: (1) Whether and under what circumstances overwhelming evidence of an element omitted from a criminal jury instruction is a sufficient basis for finding the error harmless; and (2) whether proof that the defendant knew the name and physiological effects of the product he was selling compels a jury to conclude that the defendant "knew he was dealing with a "controlled substance"" as required by McFadden v. United States.

DateProceedings and Orders (key to color coding)
09/14/2016Application (16A277) to extend the time to file a petition for a writ of certiorari from September 28, 2016 to November 25, 2016, submitted to The Chief Justice.
09/19/2016Application (16A277) granted by The Chief Justice extending the time to file until November 25, 2016.
11/22/2016Petition for a writ of certiorari filed. (Response due December 22, 2016)
12/16/2016Order extending time to file response to petition to and including January 23, 2017.
12/22/2016Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
01/12/2017Order further extending time to file response to petition to and including February 23, 2017.
02/23/2017Brief of respondent United States in opposition filed.
03/14/2017Reply of petitioner Stephen Dominick McFadden filed.
03/15/2017DISTRIBUTED for Conference of March 31, 2017.
04/03/2017Petition DENIED.