SCOTUS Cert. Grant in Musacchio v. United States

There are some interesting procedural issues in Musacchio v. United States, a case for which the Supreme Court granted certiorari today. It presents two questions:

(1) Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions where those instructions, without objection, require the government to prove additional or more stringent elements than do the statute and indictment; and

(2) Whether a statute-of-limitations defense not raised at or before trial is reviewable on appeal.

You can find all of the cert-stage briefing, and keep track of the merits briefs as they come in, at SCOTUSblog.