Supreme Court of the United States · Official docket →
Brian D. Howard v. United States
Paid petition · United States Court of Appeals for the Armed Forces, No. 26-0101 · judgment April 16, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Airman (Amn) Brian D. Howard’s central defense at trial was a lack of mental responsibility. His trial defense team offered significant evidence of his diagnosis of bipolar disorder and multiple examples of him experiencing a manic state and presenting with psychotic features, to include the alleged facts of the charged crimes. Despite this, the trial judge refused to instruct the jury on lack of mental responsibility. The question presented is: Did the trial judge’s refusal to instruct on the lack of mental responsibility defense violate petitioner’s Fifth Amendment right to due process?
Counsel of record
For petitioner
Megan Renee Crouch
U.S. Air Force, Appellate Defense Division
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jul 15 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 10 2026Waiver of right of respondent United States to respond filed.
- Jun 25 2026Petition for a writ of certiorari filed. (Response due July 29, 2026)