No. 20-60

Sheldon Silver v. United States, et al.

Lower Court: Second Circuit
Docketed: 2020-07-23
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (6)
Tags: appeals-court bribery criminal-law due-process extortion harmless-error hobbs-act public-official
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-01-22 (distributed 6 times)
Question Presented (AI Summary)

Can a public official be convicted of bribery absent proof of an agreed exchange with the alleged bribe payor, based solely on his unexpressed, unilateral state of mind when receiving a benefit?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Can a public official be convicted of bribery absent proof of an agreed exchange with the alleged bribe payor, based solely on his unexpressed, unilateral state of mind when receiving a benefit? (2) Can a conviction for Hobbs Act extortion be based on a theory of simple bribery? (3) If the Government elects not to argue harmless error, may a court of appeals raise harmless error sua sponte, without providing the defendant any opportunity to be heard on the issue?

Docket Entries

2021-01-25
Petition DENIED. Justice Gorsuch, with whom Justice Thomas joins, dissenting from denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-60_h315.pdf'>Opinion</a>)
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2021-01-04
DISTRIBUTED for Conference of 1/8/2021.
2020-12-07
DISTRIBUTED for Conference of 12/11/2020.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-16
Reply of petitioner Sheldon Silver filed. (Distributed)
2020-10-30
Brief of respondents United States, et al. in opposition filed.
2020-10-28
Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2020.
2020-10-26
Motion to extend the time to file a response from October 28, 2020 to October 30, 2020, submitted to The Clerk.
2020-09-24
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2020.
2020-09-23
Motion to extend the time to file a response from September 28, 2020 to October 28, 2020, submitted to The Clerk.
2020-08-27
Response Requested. (Due September 28, 2020)
2020-08-26
DISTRIBUTED for Conference of 9/29/2020.
2020-08-10
Waiver of right of respondent United States, et al. to respond filed.
2020-07-20
Petition for a writ of certiorari filed. (Response due August 24, 2020)

Attorneys

Sheldon Silver
Meir FederJones Day, Petitioner
Meir FederJones Day, Petitioner
United States, et al.
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent