No. 23-5993

Jose Miguel Montemayor v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review chapman-v-california constitutional-error defendant's-guilt fourth-amendment harmless-error independent-evidence judicial-standard prejudicial-effect suppression-error
Latest Conference: 2024-01-05
Question Presented (from Petition)

Whether an appeals court can conclude that a Fourth Amendment error is harmless beyond a reasonable doubt without juxtaposing the error's prejudicial effect against the independent evidence of the defendant's guilt.

Question Presented (AI Summary)

Whether an appeals court can conclude that a Fourth Amendment error is harmless beyond a reasonable doubt without juxtaposing the error's prejudicial effect against the independent evidence of the defendant's guilt

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-21
Waiver of right of respondent United States to respond filed.
2023-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2023)

Attorneys

Jose Miguel Montemayor
Nelson Starbranch EbaughNelson S. Ebaugh, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent