No. 19-557

Cedric L. McDonald v. United States

Lower Court: Armed Forces
Docketed: 2019-10-29
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: bodily-harm consent court-martial criminal-law due-process mens-rea military-justice sexual-assault
Latest Conference: 2020-03-27 (distributed 2 times)
Question Presented (from Petition)

Whether Congress's omission of a mens rea for the offense of sexual assault by bodily harm means mere negligence as to the lack of consent suffices.

Question Presented (AI Summary)

Whether Congress's omission of a mens rea for the offense of sexual assault by bodily harm means mere negligence as to the lack of consent suffices

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-10
Reply of petitioner McDonald filed.
Main DocumentProof of ServiceCertificate of Word Count
2020-02-21
Brief of respondent United States in opposition filed.
Main DocumentProof of Service
2020-01-06
Motion to extend the time to file a response is granted and the time is further extended to and including February 21, 2020.
2020-01-03
Motion to extend the time to file a response from January 22, 2020 to February 21, 2020, submitted to The Clerk.
Main Document
2019-12-18
Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2020.
2019-12-17
Motion to extend the time to file a response from December 23, 2019 to January 22, 2020, submitted to The Clerk.
Main Document
2019-11-22
Brief amicus curiae of U.S. Army Trial Defense Service filed.
Main DocumentProof of ServiceCertificate of Word Count
2019-11-21
Response Requested. (Due December 23, 2019)
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-01
Waiver of right of respondent United States to respond filed.
Main Document
2019-10-28
Petition for a writ of certiorari filed. (Response due November 29, 2019)
PetitionAppendixCertificate of Word CountProof of Service
2019-08-19
Application (19A191) granted by The Chief Justice extending the time to file until October 26, 2019.
2019-08-06
Application (19A191) to extend the time to file a petition for a writ of certiorari from August 27, 2019 to October 26, 2019, submitted to The Chief Justice.
Main DocumentLower Court Orders/OpinionsProof of Service

Attorneys

McDonald
Steven Joseph Dray — United States Army Judge Advocate General's Corps, Petitioner
U.S. Army Trial Defense Service
Timothy Grammel — Amicus
United States
Noel J. Francisco — Solicitor General, Respondent