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Bryon Brockway v. United States

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


Certiorari denied · October 5, 2026

Questions presented

  1. Where a district court had improperly provided the jury with two unadmitted exhibits after those exhibits had been the subject of substantial discussion and one codefendant's decision not to admit the exhibits fundamentally altered the trial strategy of another defendant, did the district court err in finding structural error?

  2. What is the proper standard of proof at a hearing to determine whether the effects on a jury of improperly admitted evidence were harmless pursuant to Remmer v. United States, 347 U.S. 227 (1954)? LIST OF PARTIES TO THE PROCEEDINGS Petitioner, the Defendant/Appellee below, is Bryon Brockway. Respondent is the United States of America. LIST OF PROCEEDINGS

  3. Sixth Circuit Court of Appeals, Case No. 24-5932, United States of America v. Erik Charles Maund et al., 167 F.4th 941 (6th Cir. 2026).

  4. United States District Court for the Middle District of Tennessee, Case No. 3:21-CR-00288, United States v. Erik Maund et al., memorandum opinion, 2024 WL 4217518 (M.D. Tenn. Sept. 17, 2024).

Counsel of record

For petitioner
Heather Parker
Fiola Parker, PLLC

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, 25-1318, 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. May 29 2026
    Waiver of right of respondent United States to respond filed.
  4. Apr 23 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2026)