No. 21-516
Justin Haggerty v. United States
Tags: 18-usc-1152 affirmative-defense criminal-procedure element federal-jurisdiction indian-country interracial interracial-offense statutory-interpretation subject-matter-jurisdiction
Key Terms:
Takings Jurisdiction
Takings Jurisdiction
Latest Conference:
2022-01-07
Question Presented (from Petition)
I. Whether the "interracial" nature of a minor offense in Indian Country is an element of 18 U.S.C. § 1152, rather than an affirmative defense, and thus must be both pled and proved by the prosecution.
II. Whether the government must plead and prove the "interracial" nature of a minor offense in Indian Country to establish federal subject matter jurisdiction under 18 U.S.C. § 1152.
Question Presented (AI Summary)
Whether the 'interracial' nature of a minor offense in Indian Country is an element of 18 U.S.C. § 1152, rather than an affirmative defense
Docket Entries
2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-21
Reply of petitioner Justin Haggerty filed.
2021-12-08
Brief of respondent United States in opposition filed.
2021-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2021.
2021-11-03
Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
2021-10-04
Petition for a writ of certiorari filed. (Response due November 8, 2021)
Attorneys
Justin Haggerty
Jeffrey T. Green — Sidley Austin, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent