No. 23-6106

Damion Edward Cruz-Benavente v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-standard constitutional-error criminal-procedure criminal-trial cumulative-error cumulative-errors due-process harmless-error judicial-review procedural-fairness standard-of-review verdict-influence
Key Terms:
DueProcess
Latest Conference: 2024-01-05
Question Presented (from Petition)

To determine whether a criminal trial was unfair because of cumulative errors, does a court review whether the aggregate errors—both preserved and forfeited— had a substantial influence on the verdict?

Question Presented (AI Summary)

Whether a court should review the cumulative effect of preserved and forfeited errors to determine if they had a substantial influence on the verdict

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-04
Waiver of right of respondent United States to respond filed.
2023-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2023)

Attorneys

Damion Edward Cruz-Benavente
Kristin Michelle KimmelmanFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent