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Jason Laut v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-2843 · judgment December 6, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Grand Jury Clause of the Fifth Amendment demands “that a court cannot permit a defendant to be tried on charges that are not made in the indictment against him.” Stirone v. United States, 361 U.S. 212, 217 (1960). Because “[t]he right to have the grand jury make the charge on its own judgment is a substantial right,” this Court has long held that a violation of that right is prejudicial per se. Id. at 218-19. Nonetheless, lower courts have squarely divided over whether and, if so, how a defendant must show prejudice when a constructive amendment objection was not preserved at trial. Lower courts likewise have divided on what showing is required to prove that a constructive amendment error is “plain.” In the decision below, the Seventh Circuit doubled down on its outlier jurisprudence, which employs both the most demanding conception of prejudice and the most demanding conception of “plain” in the country. The questions presented are:
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What test, if any, should be used to determine whether a constructive amendment impacted a defendant’s substantial rights under Rule 52(b).
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What showing is required to determine whether a constructive amendment is “plain” error under Rule 52(b).
Counsel of record
For petitioner
John Christopher Korevec
Kirkland & Ellis LLP
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Proceedings
- Nov 16 2020Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
- Oct 28 2020DISTRIBUTED for Conference of 11/13/2020.
- Oct 28 2020Reply of petitioner Jason Laut filed. (Distributed)
- Oct 09 2020Brief of respondent United States in opposition filed.
- Aug 24 2020Motion to extend the time to file a response is granted and the time is further extended to and including October 13, 2020. See Rule 30.1.
- Aug 21 2020Motion to extend the time to file a response from September 11, 2020 to October 11, 2020, submitted to The Clerk.
- Aug 05 2020Motion to extend the time to file a response is granted and the time is further extended to and including September 11, 2020.
- Aug 03 2020Motion to extend the time to file a response from August 12, 2020 to September 11, 2020, submitted to The Clerk.
- Jul 09 2020Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2020.
- Jul 07 2020Motion to extend the time to file a response from July 13, 2020 to August 12, 2020, submitted to The Clerk.
- Jun 08 2020Petition for a writ of certiorari filed. (Response due July 13, 2020)
- Mar 16 2020Application (19A1012) granted by Justice Kavanaugh extending the time to file until May 8, 2020.
- Mar 13 2020Application (19A1012) to extend the time to file a petition for a writ of certiorari from April 8, 2020 to May 8, 2020, submitted to Justice Kavanaugh.