Supreme Court of the United States · Official docket →
Jose Walter Claros v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-7288 · judgment March 13, 2026
Question presented
When a criminal defendant timely objects to a trial court’s evidentiary ruling, this Court and every court of appeals except the Ninth Circuit hold that the government bears the burden to show the error was harmless. By contrast, the Ninth Circuit holds that “a defendant must still prove that the error or defect was prejudicial.” United States v. Torres, 794 F.3d 1053, 1061 (9th Cir. 2015) (emphasis added). The question presented is: Which party bears the burden to show prejudice when a defendant timely objects to a trial court’s erroneous evidentiary ruling. prefix
Counsel of record
For petitioner
Kara Lee Hartzler
Federal Defenders of San Diego, Inc.
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 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Jul 09 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 06 2026Waiver of right of respondent United States to respond filed.
- Jun 10 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 20, 2026)