No. 20-8101
Joseph Weldon Smith v. Perry Russell, Warden, et al.
IFP
Tags: brecht-standard brecht-v-abrahamson capital-sentencing harmless-error jury-instruction jury-instructions jury-trial sixth-amendment stromberg-error stromberg-v-california
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference:
2021-09-27
Question Presented (from Petition)
In applying harmless error review under Brecht, may a federal court disregard the prejudice resulting from Stromberg error, i.e., the jury's consideration of an invalid theory of liability, and instead ask only what a hypothetical jury instructed on a valid, narrower theory would have found?
Question Presented (AI Summary)
Whether a federal court may disregard the prejudice resulting from Stromberg error and instead ask only what a hypothetical jury instructed on a valid, narrower theory would have found
Docket Entries
2021-10-04
Petition DENIED.
2021-09-09
DISTRIBUTED for Conference of 9/27/2021.
2021-09-02
Reply of petitioner Joseph Smith filed.
2021-08-26
Brief of respondent Renee Baker, et al. in opposition filed.
2021-08-05
Motion to extend the time to file a response is granted and the time is further extended to and including August 26, 2021.
2021-08-04
Motion to extend the time to file a response from August 5, 2021 to August 26, 2021, submitted to The Clerk.
2021-06-16
Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021.
2021-06-15
Motion to extend the time to file a response from June 21, 2021 to August 5, 2021, submitted to The Clerk.
2021-05-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2021)
Attorneys
Joseph Smith
David Severen Anthony — Federal Public Defender's Office, Petitioner
Renee Baker, et al.