The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, November 5, 1997
Decision: Wednesday, January 14, 1998
Issues: Judicial Power, Writ Improvidently Granted

Advocates

Jonathan Nuechterlein (Argued the cause for the respondent)
Javier H. Rubinstein (Argued the cause for the petitioner)

Facts of the Case

After searching his truck, Florida police arrested and charged George Rogers with knowingly possessing an unregistered firearm and a silencer. Rogers admitted during his arrest and trial that he knew he was in possession of a silencer. Nonetheless, he requested the District Court to instruct the jury to define the Government's burden of establishing "knowing possession" as proof that he deliberately possessed an item that he not only knew to be a "firearm," but that he knew such possession was illegal. Following the court's refusal of his instruction request, Rogers was convicted. On appeal from the Eleventh Circuit's decision to affirm the lower court's ruling, the Supreme Court granted Rogers certiorari.

Question

Does a lower court's refusal to grant a jury instruction, the substance of which is confessed to and acknowledged by the defendant, grounds for a grant of certiorari to the Supreme Court?

Conclusion

No. In a 6-to-3 opinion, the Court held that the Government only had to establish that Rogers knowingly possessed a firearm. The government did not have to show that Rogers knew such possession was unlawful or even that his weapons were unregistered. Looking at Rogers' state of mind, the Court reasoned that his repeated admissions during arrest and trial concerning his awareness and knowledge of the weapons found in his truck, sufficiently demonstrated that his possession of the weapons was intentional. The Court dismissed it grant of certiorari as improvidently granted

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 6 votes for United States, 3 vote(s) against
Legal Provision: Writ Improvidently Granted
Voted with the minority, joined Kennedy's dissent
Rehnquist
Wrote the judgment of the Court
Stevens
Wrote a special concurrence
O'Connor
Voted with the majority, joined O'Connor's concurrence
Scalia
Wrote a dissent
Kennedy
Voted with the minority, joined Kennedy's dissent
Souter
Voted with the majority
Thomas
Voted with the majority
Ginsburg
Voted with the majority
Breyer
Judgment of the Court by Justice John Paul Stevens

Cite this page

The Oyez Project, Rogers v. United States, 522 U.S. 252 (1998),
available at: <http://www.oyez.org/cases/1990-1999/1997/1997_96_1279/>
(last visited ).