Monday, May 18, 2009
The U.S. Supreme Court has agreed to accept certiorari in the criminal conviction of Conrad Black, U.S. v. Black, 530 F.3d 596 (7th Cir. 2008).
Question(s) Presented: (1) Does 18 U.S.C. § 1346 apply to conduct of private individual whose alleged "scheme to defraud" did not contemplate economic or other property harm to private party to whom honest services were owed? (2) May court of appeals avoid review of prejudicial instructional error by retroactively imposing onerous preservation requirement not found in federal rules?