No. 23-1218

Alfredo Navarro Hinojosa v. United States

Lower Court: Fifth Circuit
Docketed: 2024-05-16
Status: Denied
Type: Paid
Response Waived
Tags: burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Does the Fifth Circuit's harmless-error standard conflict with this Court's harmless-error standard?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Does the Fifth Circuit’s harmless-error standard applied to preserved nonconstitutional errors—which asks whether there is a “reasonable probability” the error contributed to the verdict, considers the sufficiency of the evidence without the error, and fails to place the burden on the prosecution to demonstrate lack of harm—conflict with this Court’s wellestablished harmless-error standard set forth in Kotteakos v. United States, 328 U.S. 750 (1946)? Il. If a federal defendant on direct appeal raises a colorable Sixth Amendment claim of ineffective assistance by his prior counsel in the district court, with strong support in the existing record on appeal, should the Court of Appeals remand the case to the district court to conduct an evidentiary hearing on the claim rather than require the defendant to litigate the claim subsequently in a post-conviction proceeding under 28 U.S.C. § 2255, where he has no right to appointed counsel or effective assistance of counsel?

Docket Entries

2024-06-17
Petition DENIED.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-22
Waiver of right of respondent United States to respond filed.
2024-05-14

Attorneys

Alfredo Hinojosa
Brent Evan NewtonAttorney at Law , Petitioner
Brent Evan NewtonAttorney at Law , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent