Supreme Court of the United States · Official docket →
James D. Pieron, Jr. v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-2899 · judgment August 30, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I. Whether the Sixth Circuit’s ruling merits summary reversal where the court found constitutional error but deemed it harmless under the far less searching preponderance-of-the-evidence standard applied to non-constitutional errors. II. When a district court erroneously refuses to instruct the jury about the effect of the statute of limitations in a criminal trial, is the proper remedy on direct review of a conviction:
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to reverse for a new trial unless the error is deemed harmless in accordance with the “beyond a reasonable doubt” standard of Chapman v. California, 386 U.S. 18 (1967) (the rule suggested by this Court’s precedent but not yet applied in any circuit court),
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to presume prejudice, reverse the conviction, and conduct a new trial (the rule in the Fifth, Eleventh, and D.C. Circuits), or
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to reverse for a new trial unless the error is deemed harmless in accordance with the preponderance-of-the-evidence standard governing non-constitutional errors (the rule in the Sixth Circuit)?
Counsel of record
For petitioner
Erik W. Scharf
Scharf Appellate Group
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- May 31 2023Reply of petitioner James D. Pieron, Jr. filed.
- May 23 2023Brief of respondent United States in opposition filed.
- Apr 26 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 23, 2023.
- Apr 25 2023Motion to extend the time to file a response from May 3, 2023 to May 23, 2023, submitted to The Clerk.
- Mar 27 2023Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2023.
- Mar 23 2023Motion to extend the time to file a response from April 3, 2023 to May 3, 2023, submitted to The Clerk.
- Feb 07 2023Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
- Feb 06 2023Motion to extend the time to file a response from March 2, 2023 to April 3, 2023, submitted to The Clerk.
- Jan 27 2023Petition for a writ of certiorari filed. (Response due March 2, 2023)