No. 18-8482

Lourdes Margarita Garcia v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brecht-standard constitutional-rights criminal-procedure critical-stage Cronic cronic-rule cronic-standard defense-counsel direct-appeal due-process eleventh-circuit hybrid-error prejudice structural-error trial-procedure
Latest Conference: 2019-05-09
Question Presented (from Petition)

The district court ordered the government, at a critical stage of the trial, to present inculpatory and disputed evidence in the absence of the defendant and her counsel. Did the Eleventh Circuit err by holding this "startling, intentional" violation of the defendant's constitutional and statutory rights did not constitute structural or hybrid error and therefore required a showing of prejudice.

Question Presented (AI Summary)

Did the Eleventh Circuit err by holding this 'startling, intentional' violation of the defendant's constitutional and statutory rights did not constitute structural or hybrid error and therefore required a showing of prejudice

Docket Entries

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-11
Waiver of right of respondent United States of America to respond filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2019)

Attorneys

Lourdes Garcia
Michael CarusoFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent