Supreme Court of the United States · Official docket →
David Lesh v. United States
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-1074 · judgment July 16, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below.
Question presented
Article III of the Constitution provides that “[t]he Trial of all Crimes, except in Cases of Impeachment, shall be by Jury.” And the Sixth Amendment provides that “[i]n all criminal prosecutions,” the accused shall enjoy the right to trial by jury. The question presented is: Whether the Constitution’s dual guarantee of trial by jury contains an unstated exception for “petty offenses.”
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 16 2025Petition DENIED.
- May 27 2025DISTRIBUTED for Conference of 6/12/2025.
- May 23 2025Reply of petitioner David Lesh filed. (Distributed)
- May 07 2025Brief of respondent United States in opposition filed.
- Apr 23 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 7, 2025.
- Apr 21 2025Motion to extend the time to file a response from April 23, 2025 to May 7, 2025, submitted to The Clerk.
- Mar 18 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 23, 2025.
- Mar 17 2025Motion to extend the time to file a response from March 24, 2025 to April 23, 2025, submitted to The Clerk.
- Feb 12 2025Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2025.
- Feb 11 2025Motion to extend the time to file a response from February 20, 2025 to March 24, 2025, submitted to The Clerk.
- Jan 21 2025Response Requested. (Due February 20, 2025)
- Jan 16 2025Brief amici curiae of Andrea Roth, et al. filed. (Distributed)
- Jan 16 2025Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
- Jan 15 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
- Jan 13 2025Brief amicus curiae of Southern Policy Law Institute filed. (Distributed)
- Jan 08 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 07 2025Brief amicus curiae of Cato Institute filed. (Distributed)
- Dec 30 2024Waiver of right of respondent United States to respond filed.
- Dec 13 2024Petition for a writ of certiorari filed. (Response due January 16, 2025)
- Nov 08 2024Application (24A270) granted by Justice Gorsuch extending the time to file until December 13, 2024.
- Nov 01 2024Application (24A270) to extend further the time from November 13, 2024 to December 13, 2024, submitted to Justice Gorsuch.
- Sep 17 2024Application (24A270) granted by Justice Gorsuch extending the time to file until November 13, 2024.
- Sep 12 2024Application (24A270) to extend the time to file a petition for a writ of certiorari from October 14, 2024 to November 13, 2024, submitted to Justice Gorsuch.