Supreme Court of the United States · Official docket →
Geovani Hernandez v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 19-40655 · judgment October 9, 2020
Questions presented
QUESTION(S)f?RESENTED
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Whether a court of appeals violates- due process by declining to recall a mandate where a petitioner demonstrates that he was convicted of a non-existent offense, specifically, "attempting to aid and abet" and the court's judgement relied oh’a theory not authorized by statute or federal precedent.
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Whether the omission of jury instructions oh aiding and abetting when the government's entire theory of liability rested on that construct requires a court to conduct a. harmless-error analysis under Neder v. United States, and’whether the failure to. do so. renders subsequent appellate arid postconviction review 'fundamentally flawed.
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Whether a defendant's Sixth Amendment right to notice is violated where the indictment fails to specify the subsection of 18 U.S.C. § 2 — § 2(a) or § 2(b) — under which he is charged, particularly where that statutory ambiguity becomes dispositive in postconviction review.
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Whether the appellate court's denial of a motion to recall the mandate without addressing substantial, intervening, and unadjudicated arguments that concern the legality and constitutionality of a conviction conflicts with this Court's holdings that appellate courts have a continuing duty to prevent miscarriages of justice.
Counsel of record
For petitioner
Geovani Hernandez
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
Order
Order list, October 6, 2025 · Certiorari denied
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 17 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 14 2025Waiver of right of respondent United States to respond filed.
- May 24 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2025)