Friday, January 9, 2009
Howard Bashman, over at his blog, How Appealing, (here) tells that Conrad Black has filed a Petition for Certiorari. One of the three issues presented in this Petition is:
"I. The Circuits Are Deeply Divided On The Application Of The "Honest Services" Statute To Private Conduct; . . ."
The Seventh Circuit Opinion can be found here. It is not surprising to see the "honest services" statute being a key subject in this Petition. A dissent in United States v. Rybicki from the Second Circuit pointed out the many circuits that split on issues related to this statute, noting that:
"Although a number of circuits have upheld section 1346 against a claim of facial vagueness, there is now wide disagreement among the circuits as to the elements of the 'honest services' offense. These opinions, taken together, refute rather than support the idea that section 1346 has any settled or ascertainable meaning or that the offense it describes has known contours."
(esp)(blogging from San Diego)(w/ a hat tip to Peter Goldberger)