No. 24-5225

Nidal M. Hasan v. United States

Lower Court: Armed Forces
Docketed: 2024-08-05
Status: Denied
Type: IFP
IFP
Tags: appellate-review automatic-reversal criminal-procedure due-process harmless-error public-trial structural-error waller-v-georgia weaver-v-massachusetts
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2025-03-28
Question Presented (AI Summary)

Whether a court of appeals may afford no remedy for a public trial violation where the defendant objected to the closure at trial and raised the issue on direct review

Question Presented (OCR Extract)

QUESTION PRESENTED A violation of the public trial guarantee is structural error, defying harmless error review. Weaver v. Massachusetts, 582 U.S. 286, 299 (2017). In Waller v. Georgia, this Court said the remedy for a breach of the public trial guarantee “should be appropriate to the violation.” 467 US. 39, 50 (1984). This Court later explained in Weaver v. Massachusetts that the appropriate remedy is, generally, “automatic reversal.” Weaver, 582 U.S. at 299. The question presented is whether, in this capital case, a court of appeals may afford no remedy for a public trial violation where the defendant objected to the closure at trial and raised the issue on direct review? i

Docket Entries

2025-03-31
Petition DENIED.
2025-03-13
DISTRIBUTED for Conference of 3/28/2025.
2025-03-06
Reply of petitioner Nidal M. Hasan filed.
2025-03-06
Reply of Nidal M. Hasan submitted.
2025-02-21
Brief of respondent United States in opposition filed.
2025-02-21
Brief of United States in opposition submitted.
2025-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 21, 2025.
2025-01-10
Motion to extend the time to file a response from January 21, 2025 to February 21, 2025, submitted to The Clerk.
2025-01-10
Motion of United States for an extension of time submitted.
2024-11-06
Motion to extend the time to file a response is granted and the time is further extended to and including January 21, 2025. See Rule 30.1.
2024-11-04
Motion to extend the time to file a response from November 4, 2024 to January 20, 2025, submitted to The Clerk.
2024-11-04
Motion of United States for an extension of time submitted.
2024-10-04
Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2024.
2024-10-03
Motion to extend the time to file a response from October 4, 2024 to November 4, 2024, submitted to The Clerk.
2024-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2024.
2024-08-27
Motion to extend the time to file a response from September 4, 2024 to October 4, 2024, submitted to The Clerk.
2024-08-27
Motion of United States for an extension of time submitted.
2024-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2024)
2024-05-23
Application (23A1043) granted by The Chief Justice extending the time to file until August 1, 2024.
2024-05-20
Application (23A1043) to extend the time to file a petition for a writ of certiorari from June 2, 2024 to August 1, 2024, submitted to The Chief Justice.

Attorneys

Nidal M. Hasan
Jonathan Fred PotterUnited States Army Defense Appellate Division, Petitioner
Jonathan Fred PotterUnited States Army Defense Appellate Division, Petitioner
Amir Ragab HamdounU.S. Army Defense Appellate Division, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent