Supreme Court of the United States · Official docket →
Thomas Avery Drum v. United States
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 24-1397 · judgment June 6, 2025
Question presented
Rule 33 of the Federal Rules of Criminal Procedure authorizes the trial court to vacate any judgment and grant a new trial (1) upon the defendant’s motion and (2) if the interest of justice so requires. The court of appeals interpreted the scope of the district court’s authority to a grant a new trial narrowly, finding that where the defendant moved for a new trial on the ground that the verdict was against the weight of the evidence, the district court erred in granting a new trial based on its concerns about the testimony as to one count and the treatment of the defendant’s response to interrogation and a jury instruction regarding the same. The question presented is: When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court’s authority to grant a new trial?
Counsel of record
For petitioner
Molly C. Quinn
Office of the Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, November 24, 2025 · Certiorari denied
Proceedings
- Nov 24 2025Petition DENIED.
- Nov 06 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 30 2025Waiver of right of respondent United States to respond filed.
- Oct 16 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2025)