Litigator Brad McCullough Judges Thurgood Marshall Moot Court Competition for Federal Bar Association
On March 31, litigator Brad McCullough judged the preliminary rounds of the Federal Bar Association’s 19th Annual Thurgood Marshall Memorial Moot Court competition.
The moot court problem raised some of the legal issues as presented to the Supreme Court this term in Musacchio v. United States.
According to SCOTUSblog, the ruling held that when a jury instruction adds an element to the charged crime and the government fails to object, a challenge to the sufficiency of the evidence should be assessed against the elements of the charged crime, rather than the elements set forth in the erroneous jury instruction, and a defendant cannot successfully raise a statute-of-limitations bar for the first time on appeal.
The Court affirmed by a 9-0 decision on January 25. For more information about the moot court competition, visit the Federal Bar Association’s website.
Brad McCullough is a commercial and business litigator and appellate attorney at Lerch, Early & Brewer in Bethesda, Maryland. Brad represents businesses and individuals in a wide variety of cases in federal and state trial and appellate courts, as well as before arbitration panels and in mediation proceedings.