No. 20-60October Term 2020Decided Jan 25, 2021Updated Jan 25, 2021
Silver v. United States
This case arises from the federal corruption prosecution of former New York Assembly Speaker Sheldon Silver.
Case status
Decided · January 25, 2021
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Jan 25, 2021
- What it's about
This case arises from the federal corruption prosecution of former New York Assembly Speaker Sheldon Silver. The Court is being asked to decide what the government must prove to convict a public official of bribery and Hobbs Act extortion, and whether an appeals court may uphold a conviction on harmless-error grounds that the government itself did not argue.
Question presented
1. Can a public official be convicted of bribery absent proof of an agreed exchange with the alleged bribe payor, based solely on his unexpressed, unilateral state of mind when receiving a benefit? 2. Can a conviction for Hobbs Act extortion be based on a theory of simple bribery? 3. If the Government elects not to argue harmless error, may a court of appeals raise harmless error sua sponte, without providing the defendant any opportunity to be heard on the issue?
- Case path
United States Court of Appeals for the Second Circuit / Decision released Jan 25, 2021
- Area
Decided Supreme Court case
Timing
Decided January 25, 2021
The Court released its decision on January 25, 2021 without hearing oral argument.
Documents
Activity
Docket activity2
Opinion added: Opinion
Jan 25, 2021 | Court records
Brief added: Petition
Jul 20, 2020 | Court records
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology