Supreme Court of the United States · Official docket →
Eskender Getachew v. United States
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 24-3432 · judgment November 3, 2025
Certiorari denied · March 2, 2026
Question presented
Both the Constitution (through the Fifth and Sixth Amendments) and the Federal Rules of Criminal Procedure (Rule 43) provide that a defendant “must be present” when the jury returns its verdict. If the defendant is absent, is the trial court under a duty to make some inquiry before proceeding to the verdict?
Counsel of record
For petitioner
Kevin Michael Schad
Office of the Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 02 2026Petition DENIED.
- Feb 12 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 09 2026Waiver of right of respondent United States to respond filed.
- Jan 27 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)