Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Black v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
08-876 7th Cir. Dec 8, 2009
Tr.
Jun 24, 2010 9-0 Ginsburg OT 2009

Holding: Two business executives were convicted of honest services fraud after the judge at their trial instructed the jury that a person commits such fraud if he misuses his position for private gain and knowingly and intentionally breaches his duty of loyalty. Given the Court's ruling in Skilling restricting the scope of the honest services fraud statute, it ruled in this case that those jury instructions were erroneous.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on June 24, 2010. In light of Skilling v. United States. Justice Scalia concurred in part and in the judgment, joined by Justice Thomas. Justice Kennedy also concurred in part and in the judgment.

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