No. 19-6123

Castor Quintaires Gonzales v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence appellate-review court-of-appeals due-process fifth-amendment mandate-recall presumption-of-innocence structural-error
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-11-08
Question Presented (AI Summary)

Does the Fifth Amendment compel a court of appeals to remedy its inadvertent affirmance of unrecognized structural error that was apparent from the record itself — since the invalid judgment of the district court restored to the defendant the presumption of innocence tantamount to actual innocence?

Question Presented (OCR Extract)

QUESTION PRESENTED QUESTION PRESENTED DOES THE FIFTH AMENDMENT COMPEL A COURT OF APPEALS TO REMEDY ITS INADVERTENT AFFIRMANCE OF UNRECOGNIZED : STRUCTURAL ERROR THAT WAS APPARENT FROM THE RECORD ITSELF — SINCE THE INVALID JUDGMENT OF THE DISTRICT COURT RESTORED TO THE DEFENDANT THE PRESUMPTION OF INNOCENCE TANTAMOUNT TO ACTUAL INNOCENCE? -i.

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-15
Waiver of right of respondent United States to respond filed.
2019-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)

Attorneys

Castor Quintaires Gonzales
Castor Q. Gonzalez — Petitioner
Castor Q. Gonzalez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent