No. 25-222

Victor Everette Silvers v. United States

Lower Court: Sixth Circuit
Docketed: 2025-08-25
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: criminal-procedure fifth-amendment judicial-notice maritime-jurisdiction sixth-amendment trial-by-jury
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (AI Summary)

Whether taking judicial notice to conclusively determine that a location is within the 'special maritime and territorial jurisdiction of the United States' violates the Fifth and Sixth Amendments' right to a trial by jury?

Question Presented (OCR Extract)

Certain federal criminal offenses under Title 18 of the United States Code, including under § 1(b) (murder), § 1113 (attempted murder or manslaughter), § 2261(a)(1) (domestic violence), and § 2262(a)(1) (violation of a protection order), require that the government prove—as a necessary element of the offense—that the alleged crime was committed within “the special maritime and territorial ju risdiction of the United States,” which, as here, is frequently a fact-intensive evidentiary issue. The question presented, on which the courts of appeals are divided, is: Whether taking judicial notice to conclusively determine that a location is within the “special maritime and territorial jurisdiction of the United States” violates the Fifth and Sixth Amendmen ts’ right to a trial by jury? (ii)

Docket Entries

2026-01-12
Petition DENIED.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-19
Reply of petitioner Victor Everette Silvers filed. (Distributed)
2025-12-19
Reply of Victor Everette Silvers submitted.
2025-12-05
Brief of respondent United States in opposition filed.
2025-12-05
Brief of United States in opposition submitted.
2025-11-10
Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2025.
2025-11-06
Motion to extend the time to file a response from November 13, 2025 to December 5, 2025, submitted to The Clerk.
2025-11-06
Motion of United States for an extension of time submitted.
2025-10-14
Amicus brief of Professor Haley Proctor submitted.
2025-10-14
Brief amicus curiae of Professor Haley Proctor filed.
2025-10-10
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2025.
2025-10-09
Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
2025-10-09
Motion of United States for an extension of time submitted.
2025-09-12
Response Requested. (Due October 14, 2025)
2025-09-10
DISTRIBUTED for Conference of 9/29/2025.
2025-09-05
Waiver of right of respondent United States to respond filed.
2025-09-05
Waiver of United States of right to respond submitted.
2025-08-21
Petition for a writ of certiorari filed. (Response due September 24, 2025)
2025-06-12
Application (24A1227) granted by Justice Kavanaugh extending the time to file until August 22, 2025.
2025-06-10
Application (24A1227) to extend the time to file a petition for a writ of certiorari from June 23, 2025 to August 22, 2025, submitted to Justice Kavanaugh.

Attorneys

Professor Haley Proctor
Jonathan Yates EllisMcGuireWoods LLP, Amicus
United States
D. John SauerSolicitor General, Respondent
Victor Everette Silvers
Ryan Michael ChabotWilmer Cutler Pickering Hale and Dorr LLP, Petitioner