Percoco v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1158 | 2nd Cir. | Nov 28, 2022 | May 11, 2023 | 9-0 | Alito | OT 2022 |
Holding: Jury instructions on the legal standard for finding that a private citizen owes the government a duty of honest services based on the U.S. Court of Appeals for the 2nd Circuit"s decision in United States v. Margiotta were erroneous.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on May 11, 2023. Justice Alito delivered the opinion of the court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Barrett joined, and in which Justice Jackson joined as to all but Part II-C-2. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined.
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| Date | Proceedings and Orders |
|---|---|
| 01/04/2022 | Application (21A298) to extend the time to file a petition for a writ of certiorari from January 30, 2022 to March 1, 2022, submitted to Justice Sotomayor. |
| 01/07/2022 | Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022. |
| 02/17/2022 | Petition for a writ of certiorari filed. (Response due March 24, 2022) |
| 03/17/2022 | Motion to extend the time to file a response from March 24, 2022 to April 25, 2022, submitted to The Clerk. |
| 03/21/2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022. |
| 03/24/2022 | Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED. |
| 04/05/2022 | Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk. |
| 04/07/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022. |
| 05/24/2022 | Brief of respondent United States in opposition filed. VIDED. |
| 06/03/2022 | Reply of petitioner Joseph Percoco filed. (Distributed) |
| 06/07/2022 | DISTRIBUTED for Conference of 6/23/2022. |
| 06/29/2022 | DISTRIBUTED for Conference of 6/29/2022. |
| 06/30/2022 | Petition GRANTED. |
| 07/13/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 07/22/2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2022. The time to file respondent's brief on the merits is extended to and including October 18, 2022. |
| 08/31/2022 | Brief of petitioner Joseph Percoco filed. |
| 08/31/2022 | Joint appendix filed. (Statement of costs filed) |
| 08/31/2022 | Brief of respondent Steven Aiello in support of petitioner filed. |
| 09/07/2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed. |
| 09/07/2022 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| 09/07/2022 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| 09/07/2022 | Brief amici curiae of Citizens United, et al. filed. |
| 10/18/2022 | SET FOR ARGUMENT on Monday, November 28, 2022. |
| 10/18/2022 | Brief of respondent United States filed. |
| 10/20/2022 | Motion for divided argument filed by respondent Steven Aiello in support of petitioner. |
| 10/25/2022 | CIRCULATED. |
| 10/28/2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| 10/31/2022 | Record from the U.S.C.A. 2nd Circuit has been electronically filed. |
| 11/07/2022 | Motion for divided argument filed by respondent Steven Aiello in support of petitioner DENIED. |
| 11/07/2022 | Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed. |
| 11/10/2022 | Reply of petitioner Joseph Percoco filed. (Distributed) |
| 11/15/2022 | Reply of respondent Steven Aiello in support of petitioner filed. (Distributed) |
| 11/28/2022 | Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 05/11/2023 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined, and in which Jackson, J., joined as to all but Part II–C–2. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. |
| 05/18/2023 | Record returned to the U.S.D.C. Southern District of New York (CD-ROM and Sealed materials). |
| 06/12/2023 | Judgment issued. |