No. 18-6524
Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States
Response WaivedIFP
Tags: appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review
Latest Conference:
2018-11-30
Question Presented (from Petition)
WHETHER THE FIFTH CIRCUIT COURTS VIOLATED BERGER V !JS AFTER IT CONCEDED THAT THE VIOLATIONS HAD OCCURED BUT DECIDING THAT IT WAS "IMPLAUSIBLE THAT IT WOULD HAVE INFECTED THEJURORS" ?
Question Presented (AI Summary)
Whether the Fifth Circuit courts violated Berger v US after it conceded that the violations had occurred but deciding that it was 'implausible that it would have infected the jurors'?
Docket Entries
2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent United States to respond filed.
2018-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)
Attorneys
O'Brian Thomas
O'Brian Thomas — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent