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SKILLING v. UNITED STATES

Docket No.: 08-1394
Certiorari Granted: Oct 13 2009
Argued: March 1, 2010
Decided: June 24, 2010

Topics:

Article I, Due Process, Federal Rules of Criminal Procedure, Fifth Amendment, Miranda, Sixth Amendment, habeas, harmless-error, jury selection, murder, privacy, property rights, stare decisis

PartyNames: Jeffrey K. Skilling v. United States
Petitioner: Jeffrey K. Skilling
Respondent: United States

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 554 F.3d 529

Jeffrey K. Skilling
v.
United States
Question Presented:

1. Whether the federal "honest services" fraud statute, 18 U.S.C. § 1346, requires the government to prove that the defendant's conduct was intended to achieve "private gain" rather than to advance the employer's interests, and, if not, whether § 1346 is unconstitutionally vague. 2. When a presumption of jury prejudice arises because of the widespread community impact of the defendant's alleged conduct and massive, inflammatory pretrial publicity, whether the government may rebut the presumption of prejudice, and, if so, whether the government must prove beyond a reasonable doubt that no juror was actually prejudiced.

Question:

1) Does the "Honest Services" fraud statute, 18 U.S.C. Section 1346, require the government to prove that defendant's conduct was intended to achieve "private gain", and, if not, is Section 1346 unconstitutionally vague? 2) When the presumption of jury prejudice arises because of widespread community impact of the defendant's alleged conduct and widespread inflammatory pretrial publicity, may the government rebut the presumption of prejudice, and, if so, must the government prove beyond a reasonable doubt that no juror was actually prejudiced?

SKILLING v. UNITED STATES
ORAL ARGUMENT

March 1, 2010

Holding: affirmed in part, vacated in part, and r
Vote: 6-3
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