Supreme Court of the United States · Official docket →
Patrick Emanuel Sutherland v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-4427 · judgment April 19, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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When a defendant makes false statements to a United States Attorney’s Office in an effort to persuade that Office to decline prosecution, does the objective institutional relationship of that Office with the grand jury satisfy 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?
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When a prosecutor commits misconduct in summation by misstating evidence relevant to an essential element of the offense, but the defendant fails to object, does the fact that the district court provided the jury a standard instruction that “arguments are not evidence” necessarily preclude reversal on appeal for plain error based on the prosecutor’s misconduct? (i)
Counsel of record
For petitioner
Barry J. Pollack
Harris St. Laurent & Wechsler LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Feb 24 2020Petition DENIED.
- Jan 22 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 21 2020Reply of petitioner Patrick Emanuel Sutherland filed.
- Jan 02 2020Brief of respondent United States of America in opposition filed.
- Nov 25 2019Motion to extend the time to file a response is granted and the time is further extended to and including January 2, 2020.
- Nov 22 2019Motion to extend the time to file a response from December 2, 2019 to January 2, 2020, 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.
- Oct 22 2019Motion to extend the time to file a response from November 1, 2019 to December 2, 2019, submitted to The Clerk.
- Sep 30 2019Petition for a writ of certiorari filed. (Response due November 1, 2019)
- Aug 07 2019Application (19A144) granted by The Chief Justice extending the time to file until September 30, 2019.
- 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.