No. 18-6524
Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States
Response WaivedIFP
Tags: appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review
Key Terms:
DueProcess FifthAmendment
DueProcess FifthAmendment
Latest Conference:
2018-11-30
Question Presented (AI Summary)
Whether the Fifth Circuit courts violated Berger v US after it conceded that the violations had occurred but deciding that it was 'implausible that it would have infected the jurors'?
Question Presented (OCR Extract)
QUESTION(S) PRESENTED WHETHER THE FIFTH CIRCUIT COURTS VIOLATED BERGER V US AFTER IT CONCEDED THAT THE VIOLATIONS HAD OCCURED BUT DECIDING THAT IT WAS “IMPLAUSIBLE THAT IT WOULD HAVE INFECTED THE. JURORS" ? \ ii
Docket Entries
2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent United States to respond filed.
2018-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)
Attorneys
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent