No. 24-654

David Lesh v. United States

Lower Court: Tenth Circuit
Docketed: 2024-12-17
Status: Denied
Type: Paid
Amici (9)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: article-iii constitutional-interpretation criminal-prosecution jury-trial petty-offense sixth-amendment
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2025-06-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the Constitution's dual guarantee of trial by jury contains an unstated exception for 'petty offenses'

Question Presented (from Petition)

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 “[iJn 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.”

Docket Entries

2025-06-16
Petition DENIED.
2025-05-27
DISTRIBUTED for Conference of 6/12/2025.
2025-05-23
2025-05-23
2025-05-07
Brief of respondent United States in opposition filed.
2025-05-07
Brief of United States in opposition submitted.
2025-04-23
Motion to extend the time to file a response is granted and the time is further extended to and including May 7, 2025.
2025-04-21
Motion of United States for an extension of time submitted.
2025-04-21
Motion to extend the time to file a response from April 23, 2025 to May 7, 2025, submitted to The Clerk.
2025-03-18
Motion to extend the time to file a response is granted and the time is further extended to and including April 23, 2025.
2025-03-17
Motion to extend the time to file a response from March 24, 2025 to April 23, 2025, submitted to The Clerk.
2025-02-12
Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2025.
2025-02-11
Motion to extend the time to file a response from February 20, 2025 to March 24, 2025, submitted to The Clerk.
2025-02-11
Motion of United States for an extension of time submitted.
2025-01-21
Response Requested. (Due February 20, 2025)
2025-01-16
Brief amici curiae of Andrea Roth, et al. filed.
2025-01-16
Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
2025-01-16
2025-01-16
Brief amicus curiae of Americans for Prosperity Foundation filed.
2025-01-16
Amicus brief of Andrea Roth and J.D. King submitted.
2025-01-16
Amicus brief of Americans for Prosperity Foundation submitted.
2025-01-15
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
2025-01-15
Amicus brief of National Association of Criminal Defense Lawyers submitted.
2025-01-13
Brief amicus curiae of Southern Policy Law Institute filed. (Distributed)
2025-01-13
Brief amicus curiae of Southern Policy Law Institute filed.(Distributed)
2025-01-13
Brief amicus curiae of Southern Policy Law Institute filed.
2025-01-13
Amicus brief of Southern Policy Law Institute submitted.
2025-01-08
DISTRIBUTED for Conference of 1/24/2025.
2025-01-07
2025-01-07
Amicus brief of Cato Institute submitted.
2024-12-30
Waiver of right of respondent United States to respond filed.
2024-12-30
Waiver of United States of right to respond submitted.
2024-12-13
2024-11-08
Application (24A270) granted by Justice Gorsuch extending the time to file until December 13, 2024.
2024-11-01
Application (24A270) to extend further the time from November 13, 2024 to December 13, 2024, submitted to Justice Gorsuch.
2024-09-17
Application (24A270) granted by Justice Gorsuch extending the time to file until November 13, 2024.
2024-09-12
Application (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.

Attorneys

Americans for Prosperity Foundation
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Andrea Roth and J.D. King
David Benjamin OwensLoevy & Loevy, Amicus
David Benjamin OwensLoevy & Loevy, Amicus
Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
David Lesh
Jeffrey L. FisherStanford Supreme Court Litigation Clinic, Petitioner
Jeffrey L. FisherStanford Supreme Court Litigation Clinic, Petitioner
Markham Sterling ChenowethNew Civil Liberties Alliance, Petitioner
Markham Sterling ChenowethNew Civil Liberties Alliance, Petitioner
National Association of Criminal Defense Lawyers
Matt Aidan GetzGibson, Dunn & Crutcher LLP, Amicus
Matt Aidan GetzGibson, Dunn & Crutcher LLP, Amicus
Southern Policy Law Institute
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent