Supreme Court Report

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Erik Charles Maund, aka Erik Moore v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-5932 · judgment February 23, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Sixth Circuit decision below.

Question presented

Where a jury has been exposed to extra-record information—here, information presented with the court’s apparent imprimatur, without the court’s or parties’ knowledge, and without any opportunity for a curative instruction or cross-examination—is a criminal defendant entitled to a new trial upon a showing that the extraneous information influenced the jury’s deliberations to his detriment, or must a court also consider whether the outcome would have been different but for the extraneous information?

Counsel of record

For petitioner
Kian James Hudson
BARNES & THORNBURG LLP

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Related
Vide, 25-7403, 25-7477

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jun 17 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 08 2026
    Waiver of right of respondent United States to respond filed.
  4. May 26 2026
    Petition for a writ of certiorari filed. (Response due June 29, 2026)