No. 25-5651

Jose Henry Hernandez-Garcia v. United States

Lower Court: Fourth Circuit
Docketed: 2025-09-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure district-court-discretion evidence-weighing judicial-review motion-for-new-trial trial-standard
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Whether a district court abuses its discretion when ruling on a defendant's motion for a new trial by not independently weighing the evidence presented at trial

Question Presented (OCR Extract)

Petitioner was charged , along with two codefendants, with various offenses arising from the killing of a fellow gang member. All were convicted following a jury trial. Petitioner filed a motion for a new trial following his conviction, which the district court denied. The issue presented in this Petition is w hether a district court abuses its discretion when ruling on a defendant’s motion for a new trial by not independently weighing the evidence presented at trial in light of the claims made in the motion . 2 II. T ABLE OF CONTENTS I. QUESTION S PRESENTED FOR REVIEW . 1 II.

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-30
Waiver of right of respondent United States to respond filed.
2025-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)

Attorneys

Jose Hernandez-Garcia
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent