Supreme Court of the United States · Official docket →
Erik Hentzen v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5573 · judgment December 13, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Can Strickland v. Washington’s “prejudice prong,” be satisfied by a showing that constitutionally inadequate representation at the trial-court level “actually had an adverse effect on the defense” because it materially impaired the defendant’s prospects of obtaining relief from an error on appeal? More specifically, where Petitioner’s direct appeal from a judgment imposing a twenty-year prison sentence for child-pornography offenses resulted in a determination that the district court had erroneously permitted the Government to admit a prejudicial “grooming video,” but that the error was harmless in light of what the reviewing court believed to be overwhelming evidence of the Petitioner’s guilt, did Petitioner independently satisfy Strickland by sufficiently demonstrating that, if his trial counsel had been adequately prepared to expose the objectively false digital-computer-forensics evidence with which the Government inundated the jury, the evidentiary record in connection with which the Sixth Circuit Court of Appeals assessed the trial court’s evidentiaryadmission error would have been fundamentally different to a degree that “undermine[s] confidence” that the circuit court would have found that error harmless?
Counsel of record
For petitioner
Trevor Wayne Wells
Reminger Co., L.P.A.
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 03 2024Petition DENIED.
- May 14 2024DISTRIBUTED for Conference of 5/30/2024.
- May 09 2024Waiver of right of respondent United States to respond filed.
- May 01 2024Petition for a writ of certiorari filed. (Response due June 5, 2024)