Terry v. United States
Petition for certiorari denied on March 3, 2014
Issue: (1) Whether, in the context of a First-Amendment-protected
contribution to a judicial campaign, the
McCormick v. United States holding that campaign contributions
cannot constitute bribery unless “the payments
are made in return for an explicit promise or
undertaking by the official to perform or not to
perform an official act” mean “explicit,” or if not
an explicit agreement, a certain quality and
quantity of evidence is needed to permit a jury to
only infer that an explicit agreement existed; (2) whether this standard requires proof of an “explicit”
quid pro quo promise or undertaking in the
sense of actually being communicated expressly,
as various circuits have stated; or whether there can be
a conviction based instead only on the jury’s
inference that there was an unstated, inferred
and implied agreement, a state of mind,
connecting the contribution and the corrupt
official action; (3) whether a public official may be prosecuted for the
receipt of lawful campaign contributions in the
absence of sufficient evidence of an “explicit”
quid pro quo connection between those lawful
campaign contributions and some official act; and (4) whether there must be there be a specific link with or connection
between the giving of a campaign contribution
from a donor to a public official for use in a
political campaign and the latter’s performance
of a specific and particular official act in order to sustain an Honest Services statute conviction
and avoid a First Amendment concern.
Date | Proceedings and Orders (key to color coding) |
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Jul 5 2013 | Application (13A60) to extend the time to file a petition for a writ of certiorari from July 28, 2013 to September 26, 2013, submitted to Justice Kagan. |
Jul 11 2013 | Application (13A60) granted by Justice Kagan extending the time to file until September 26, 2013. |
Sep 23 2013 | Petition for a writ of certiorari filed. (Response due October 28, 2013) |
Oct 9 2013 | Waiver of right of respondent United States to respond filed. |
Oct 16 2013 | DISTRIBUTED for Conference of November 1, 2013. |
Oct 28 2013 | Response Requested . (Due November 27, 2013) |
Nov 20 2013 | Order extending time to file response to petition to and including December 27, 2013. |
Dec 4 2013 | Order further extending time to file response to petition to and including January 27, 2014. |
Jan 27 2014 | Brief of respondent United States in opposition filed. |
Feb 12 2014 | DISTRIBUTED for Conference of February 28, 2014. |
Mar 3 2014 | Petition DENIED. |