No. 19-8440

Katherine O'Neal v. United States

Lower Court: Tenth Circuit
Docketed: 2020-05-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review constitutional-error evidence-admission harmless-error jury-trial overwhelming-evidence sixth-amendment
Key Terms:
CriminalProcedure
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Whether a constitutional error in the admission of evidence is harmless based on the strength of the untainted proof or the error's contribution to the verdict

Question Presented (OCR Extract)

QUESTION PRESENTED Eight years ago, this Court granted review in Vasquez v. United States, No. 11-199 (U.S.) , to consider the proper approach to determining whether a constitutional error is harmless, an issue that arises in countless cases every year in both the federal and state courts. The Court did not decide the matter, as it later dismissed the writ of certiorari as improvidently granted. This case raises a similar issue to the one that went unresolved in Vasquez. Specifically, the issue is: In determining whether constitutional error in the admission of evidence is harmless, should a reviewing court focus on whether the error contributed to the verdict, or does an appellate court’s view of the untainted proof as strong or overwhelming render the constitutional error harmless? i STATEMENT OF RELATED CASES There are no related cases. ii

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-14
Waiver of right of respondent United States to respond filed.
2020-05-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 11, 2020)
2020-02-24
Application (19A936) granted by Justice Sotomayor extending the time to file until May 4, 2020.
2020-02-20
Application (19A936) to extend the time to file a petition for a writ of certiorari from March 4, 2020 to May 3, 2020, submitted to Justice Sotomayor.

Attorneys

Katherine O'Neal
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent