No. 19-6123

Castor Quintaires Gonzales v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence appellate-review court-of-appeals due-process fifth-amendment mandate-recall presumption-of-innocence structural-error
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-11-08
Question Presented (from Petition)

DOES THE FIFTH AMENDMENT COMPEL A COURT OF APPEALS TO REMEDY ITS INADVERTENT AFFIRMANCE OF UNRECOGNIZED STRUCTURAL ERROR THAT WAS APPARENT FROM THE RECORD~ SINCE THE INVALID JUDGMENT OF THE DISTRICT COURT RESTORED TO THE DEFENDANT THE PRESUMPTION OF INNOCENCE TANTAMOUNT TO ACTUAL INNOCENCE?

Question Presented (AI Summary)

Does the Fifth Amendment compel a court of appeals to remedy its inadvertent affirmance of unrecognized structural error that was apparent from the record itself — since the invalid judgment of the district court restored to the defendant the presumption of innocence tantamount to actual innocence?

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-15
Waiver of right of respondent United States to respond filed.
2019-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)

Attorneys

Castor Quintaires Gonzales
Castor Q. Gonzalez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent