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Justin Haggerty v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50203 · judgment May 7, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

I. Whether the “interracial” nature of a minor offense in Indian Country is an element of 18 U.S.C. § 1152, rather than an affirmative defense, and thus must be both pled and proved by the prosecution. II. Whether the government must plead and prove the “interracial” nature of a minor offense in Indian Country to establish federal subject matter jurisdiction under 18 U.S.C. § 1152. (i)

Counsel of record

For petitioner
Jeffrey T. Green
Sidley Austin

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 21 2021
    Reply of petitioner Justin Haggerty filed.
  4. Dec 08 2021
    Brief of respondent United States in opposition filed.
  5. Nov 04 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2021.
  6. Nov 03 2021
    Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
  7. Oct 04 2021
    Petition for a writ of certiorari filed. (Response due November 8, 2021)