No. 18-8482
Lourdes Margarita Garcia v. United States
Response WaivedIFP
Tags: brecht-standard constitutional-rights criminal-procedure critical-stage Cronic cronic-rule cronic-standard defense-counsel direct-appeal due-process eleventh-circuit hybrid-error prejudice structural-error trial-procedure
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2019-05-09
Question Presented (AI Summary)
Did the Eleventh Circuit err by holding this 'startling, intentional' violation of the defendant's constitutional and statutory rights did not constitute structural or hybrid error and therefore required a showing of prejudice
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW The district court ordered the government, at a critical stage of the trial, to present inculpatory and disputed evidence in the absence of the defendant and her counsel. Did the Eleventh Circuit err by holding this “startling, intentional” violation of the defendant’s constitutional and statutory rights did not constitute structural or hybrid error and therefore required a showing of prejudice. INTERESTED PARTIES There are no
Docket Entries
2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-11
Waiver of right of respondent United States of America to respond filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2019)
Attorneys
Lourdes Garcia
Michael Caruso — Federal Public Defender's Office, Petitioner
Michael Caruso — Federal Public Defender's Office, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent