No. 19-5948

Maria Margarita Valdez-Araiza v. United States

Lower Court: Ninth Circuit
Docketed: 2019-09-16
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appellate-review conflicting-evidence criminal-procedure-review evidence evidentiary-error harmless-error harmless-error-review judicial-precedent jury-factfinding sixth-amendment standard-of-review witness-credibility
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Is the Ninth Circuit's decision consistent with this Court's precedents?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In conducting harmless-error review, an appellate court may not resolve conflicting evidence, assess the credibility of witnesses, or view the evidence in the light most favorable to the prosecution. Neder v. United States, 527 U.S. 1, 19 (1999); Kotteakos v. United States, 328 U.S. 750, 763-64, 765-67 (1946); Weiler v. United States, 323 U.S. 606, 611 (1945). The Ninth Circuit concluded that multiple evidentiary errors did not warrant reversal because: (1) | the jury would have “disbelieved” the defendant’s testimony regardless; and (2) the evidence “creat[ed] a reasonable foundation from which to conclude” the defendant was guilty. Is the Ninth Circuit’s decision consistent with this Court’s precedents? i RELATED CASES Undersigned counsel is not aware of any

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-11
Reply of petitioner Maria Margarita Valdez-Araiza filed.
2019-11-29
Brief of respondent United States in opposition filed.
2019-10-23
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2019.
2019-10-22
Motion to extend the time to file a response from October 30, 2019 to November 29, 2019, submitted to The Clerk.
2019-09-30
Response Requested. (Due October 30, 2019)
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-23
Waiver of right of respondent United States to respond filed.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2019)

Attorneys

Maria Margarita Valdez-Araiza
Jeremy Ryan MooreFederal Public Defender Office, Petitioner
Jeremy Ryan MooreFederal Public Defender Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent