Supreme Court of the United States · Official docket →
Theryn Jones v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3876-cr · judgment August 24, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Fifth and Sixth Amendments provide the criminally accused with the right to call witnesses and present a defense. In defending against murder and other serious charges, petitioner sought to call a wit ness who would have exonerated petitioner and incul pated himself. The witness, however, declined to testify by invoking his Fifth Amendment right against compelled self-incrimination. Petitioner asked the government to immunize the witness under 18 U.S.C. § 6003. But the government refused, even though it had immunized many of its own witnesses against pe titioner. Without hearing from the exculpatory wit ness, the jury found petitioner guilty, and he was sentenced to life in prison. Had petitioner been tried within the Ninth Circuit, his conviction would have been vacated. But because he was tried within the Second Circuit, his conviction was affirmed. The question presented is: When, if ever, the Due Process Clause of the-Fifth Amendment requires vacatur of a criminal conviction based on the government’s refusal to seek immunity for a defense witness under 18 U.S.C. § 6003. (i)
Counsel of record
For petitioner
Andrew H. Schapiro
Quinn Emanuel Urquhart & Sullivan, LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 merits
(1 supporting pet./neither)
Linked docket
22M70, 22A611
Proceedings
- May 30 2023Petition DENIED.
- May 09 2023DISTRIBUTED for Conference of 5/25/2023.
- May 05 2023Reply of petitioner Theryn Jones filed. (Distributed)
- Apr 24 2023Brief of respondent United States in opposition filed.
- Mar 23 2023Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Mar 15 2023Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2023.
- Mar 14 2023Motion to extend the time to file a response from March 23, 2023 to April 24, 2023, submitted to The Clerk.
- Feb 21 2023Motion (22M70) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
- Jan 25 2023MOTION (22M70) DISTRIBUTED for Conference of 2/17/2023.
- Jan 13 2023Motion (22M70) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
- Jan 13 2023Petition for a writ of certiorari filed. (Response due March 23, 2023)
- Jan 11 2023Application (22A611) granted by Justice Sotomayor extending the time to file until January 13, 2023.
- Jan 10 2023Application (22A611) to extend the time to file a petition for a writ of certiorari from January 10, 2023 to January 13, 2023, submitted to Justice Sotomayor.