No. 21-516

Justin Haggerty v. United States

Lower Court: Fifth Circuit
Docketed: 2021-10-07
Status: Denied
Type: Paid
Experienced Counsel
Tags: 18-usc-1152 affirmative-defense criminal-procedure element federal-jurisdiction indian-country interracial interracial-offense statutory-interpretation subject-matter-jurisdiction
Key Terms:
Takings Jurisdiction
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether the 'interracial' nature of a minor offense in Indian Country is an element of 18 U.S.C. § 1152, rather than an affirmative defense

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the “interracial” nature of a minor offense in Indian Country is an element of 18 U.S.C. § 1152, rather than an affirmative defense, and thus must be both pled and proved by the prosecution. II. Whether the government must plead and prove the “interracial” nature of a minor offense in Indian Country to establish federal subject matter jurisdiction under 18 U.S.C. § 1152. (i)

Docket Entries

2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-21
Reply of petitioner Justin Haggerty filed.
2021-12-08
Brief of respondent United States in opposition filed.
2021-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2021.
2021-11-03
Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
2021-10-04
Petition for a writ of certiorari filed. (Response due November 8, 2021)

Attorneys

Justin Haggerty
Jeffrey T. GreenSidley Austin, Petitioner
Jeffrey T. GreenSidley Austin, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent