Supreme Court of the United States · Official docket →
Jose Henry Hernandez-Garcia v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 23-4504 · judgment June 17, 2025
Question presented
Petitioner was charged, along with two codefendants, with various offenses arising from the killing of a fellow gang member. All were convicted following a jury trial. Petitioner filed a motion for a new trial following his conviction, which the district court denied. The issue presented in this Petition is whether a district court abuses its discretion when ruling on a defendant’s motion for a new trial by not independently weighing the evidence presented at trial in light of the claims made in the motion. -1-
Counsel of record
For petitioner
Jonathan David Byrne
Federal Pub Defender S. Dist.
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 20, 2025 · Certiorari denied
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 02 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 30 2025Waiver of right of respondent United States to respond filed.
- Sep 11 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)