United States v. Seale
Encyclopedia
United States v. Seale is a federal criminal case in the United States, in which Ku Klux Klan
member James Ford Seale
was prosecuted and convicted for his role in the racially motivated murders in 1964 of two black teens.
The case was procedurally unusual in that it was initiated in 2007, and it was unclear whether the statute of limitations
had expired due to revision of the governing criminal statute in the interim. The trial court ruled against Seale on the issue, which was affirmed by an evenly-divided appellate court. The appellate court then took the highly unusual step of seeking certification
of the legal question to the Supreme Court of the United States
, seeking guidance on whether the revisions retroactively
changed the applicable limitations period. The Supreme Court dismissed the certification without comment.
to drown. After an investigation, James Ford Seale
and another man, allegedly members of the Ku Klux Klan
, were indicted for the murder. The charges were dropped because, it was later alleged, the police were colluding with the Klan. Nevertheless, the House Committee on Un-American Activities called Seale to testify and placed its belief that he had committed the crime in its records. Seale then dropped off the radar, and was thought dead until 2005. In 2007, he was indicted by the federal government for the crime.
3282 supply the time limit on prosecution, if there is any. There is no time limit on a capital crime (section 3281), but non-capital crimes are subject to a five year statute of limitations (section 3282). Seale moved to dismiss the indictment on the theory that the latter applied to him. Although kidnapping was a capital offense in 1964, Congress detached the death penalty from it in the mid-1970s in response to United States v. Jackson
, 390 U.S. 570 (1968), and Furman v. Georgia
, 408 U.S. 238 (1972). This should be given retroactive effect, Seale contended, making his offense subject to section 3282's five year limit, and the indictment accordingly untimely. The district court
rejected this argument. The case proceeded to trial, the jury found Seale guilty on all counts (helped, no doubt, by an FBI agent's testimony that Seale had admitted the crime after his arrest), and three life sentences ensued.
On appeal, Seale raised seven issues, but a panel of the United States Court of Appeals for the Fifth Circuit
decided only one of them. It embraced Seale's argument that the prosecution was time-barred; because that decision terminated the case, the panel did not address the remaining issues. The full Fifth Circuit agreed to hear the case en banc
, vacating the panel's decision. Although the en banc court decided to hear the case, however, it could not decide how to decide the case, dividing nine to nine. The upshot was that the panel opinion was vacated, and the district court's denial of Seale's motion was nominally affirmed without opinion. The case was remanded to the panel for consideration of the remaining six issues raised on appeal.
Rather than await the panel's decision or appeal
, Seale asked the Fifth Circuit to invoke a rarely-used procedure. 28 U.S.C. § 1254(2) and Supreme Court Rule 19 allow a federal court of appeals to certify a question to the Supreme Court, bypassing (to an extent) the usual appellate process. The procedure is not commonly used; only four cases certified have been accepted by the court in more than sixty years, the last one in 1981. Nevertheless, on Seale's motion, a majority of the Fifth Circuit agreed to certify the question of whether section 3281 or 3282 is controlling for a kidnapping that occurred in 1964.
Judge Harold DeMoss, writing for the majority, premised certification both on the unusual posture of the particular case and its implications for the broader considerations at issue, noting that the government is investigating several other cases from the 1960s that may raise the same question of time limits. Writing for the four dissenters, Chief Judge
Edith Jones
noted that the Supreme Court was unlikely to take the case, that the Department of Justice
had not made it clear that other cases involving the same question are in the pipeline, as the majority had contended, and that certification was inappropriate when the panel might dispose of the case on other grounds on remand.
It is in the discretion of the Supreme Court to answer certified questions or not. The court has indicated that such actions are disfavored, and it has rarely taken such cases, but such cases have been taken before.
, Justice John Paul Stevens
wrote:
The case will now return to the District Court for consideration of the residuum of issues, per the Fifth Circuit's original en banc decision.
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
member James Ford Seale
James Ford Seale
James Ford Seale was a Ku Klux Klan member charged by the U.S. Justice Department on January 24, 2007, and subsequently convicted on June 14, 2007, for the May 1964 kidnapping of Henry Hezekiah Dee and Charles Eddie Moore, two African-American young men in Meadville, Mississippi...
was prosecuted and convicted for his role in the racially motivated murders in 1964 of two black teens.
The case was procedurally unusual in that it was initiated in 2007, and it was unclear whether the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
had expired due to revision of the governing criminal statute in the interim. The trial court ruled against Seale on the issue, which was affirmed by an evenly-divided appellate court. The appellate court then took the highly unusual step of seeking certification
Certification
Certification refers to the confirmation of certain characteristics of an object, person, or organization. This confirmation is often, but not always, provided by some form of external review, education, assessment, or audit...
of the legal question to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, seeking guidance on whether the revisions retroactively
Retroactivity
Retroactivity in law is the application of a given norm to events that took place or began to produce legal effects, before the law was approved...
changed the applicable limitations period. The Supreme Court dismissed the certification without comment.
Background
The case has its beginnings in the 1964 kidnapping of two black teenagers. After they had been beaten, they had weights attached and were thrown into the Mississippi RiverMississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
to drown. After an investigation, James Ford Seale
James Ford Seale
James Ford Seale was a Ku Klux Klan member charged by the U.S. Justice Department on January 24, 2007, and subsequently convicted on June 14, 2007, for the May 1964 kidnapping of Henry Hezekiah Dee and Charles Eddie Moore, two African-American young men in Meadville, Mississippi...
and another man, allegedly members of the Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
, were indicted for the murder. The charges were dropped because, it was later alleged, the police were colluding with the Klan. Nevertheless, the House Committee on Un-American Activities called Seale to testify and placed its belief that he had committed the crime in its records. Seale then dropped off the radar, and was thought dead until 2005. In 2007, he was indicted by the federal government for the crime.
The case and the timeliness issue
The federal kidnapping statute doesn't specify a time limit on prosecutions, so the general limits of 18 U.S.C. §§ 3281 and3282 supply the time limit on prosecution, if there is any. There is no time limit on a capital crime (section 3281), but non-capital crimes are subject to a five year statute of limitations (section 3282). Seale moved to dismiss the indictment on the theory that the latter applied to him. Although kidnapping was a capital offense in 1964, Congress detached the death penalty from it in the mid-1970s in response to United States v. Jackson
United States v. Jackson
United States v. Jackson, was a United States Supreme Court decision that ruled part of the Federal Kidnapping Act unconstitutional.-Background:...
, 390 U.S. 570 (1968), and Furman v. Georgia
Furman v. Georgia
Furman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was...
, 408 U.S. 238 (1972). This should be given retroactive effect, Seale contended, making his offense subject to section 3282's five year limit, and the indictment accordingly untimely. The district court
United States District Court for the Southern District of Mississippi
The United States District Court for the Southern District of Mississippi is a federal court in the Fifth Circuit with facilities in Gulfport, Hattiesburg, Vicksburg, and Jackson....
rejected this argument. The case proceeded to trial, the jury found Seale guilty on all counts (helped, no doubt, by an FBI agent's testimony that Seale had admitted the crime after his arrest), and three life sentences ensued.
On appeal, Seale raised seven issues, but a panel of the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
decided only one of them. It embraced Seale's argument that the prosecution was time-barred; because that decision terminated the case, the panel did not address the remaining issues. The full Fifth Circuit agreed to hear the case en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, vacating the panel's decision. Although the en banc court decided to hear the case, however, it could not decide how to decide the case, dividing nine to nine. The upshot was that the panel opinion was vacated, and the district court's denial of Seale's motion was nominally affirmed without opinion. The case was remanded to the panel for consideration of the remaining six issues raised on appeal.
Rather than await the panel's decision or appeal
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, Seale asked the Fifth Circuit to invoke a rarely-used procedure. 28 U.S.C. § 1254(2) and Supreme Court Rule 19 allow a federal court of appeals to certify a question to the Supreme Court, bypassing (to an extent) the usual appellate process. The procedure is not commonly used; only four cases certified have been accepted by the court in more than sixty years, the last one in 1981. Nevertheless, on Seale's motion, a majority of the Fifth Circuit agreed to certify the question of whether section 3281 or 3282 is controlling for a kidnapping that occurred in 1964.
Judge Harold DeMoss, writing for the majority, premised certification both on the unusual posture of the particular case and its implications for the broader considerations at issue, noting that the government is investigating several other cases from the 1960s that may raise the same question of time limits. Writing for the four dissenters, Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
Edith Jones
Edith Jones
Edith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...
noted that the Supreme Court was unlikely to take the case, that the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
had not made it clear that other cases involving the same question are in the pipeline, as the majority had contended, and that certification was inappropriate when the panel might dispose of the case on other grounds on remand.
It is in the discretion of the Supreme Court to answer certified questions or not. The court has indicated that such actions are disfavored, and it has rarely taken such cases, but such cases have been taken before.
Supreme Court dismissal
The Supreme Court declined to take the case on November 2, 2009. Dissenting, and joined by Justice Antonin ScaliaAntonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
wrote:
The case will now return to the District Court for consideration of the residuum of issues, per the Fifth Circuit's original en banc decision.
External links
- Oral argument before the panel
- Panel opinion (542 F.3d 1033 (5th Cir. 2008))
- Oral argument before the en banc court
- En banc order affirming the judgment below by reason of an equally-divided court
- En banc order certifying question to the Supreme Court
- Supreme Court docket (no. 09-166)
- Supreme Court order and dissent dismissing the case