Supreme Court of the United States · Official docket →
Raynaldo Rivera Ortiz, Jr. v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-11032 · judgment May 20, 2026
Question presented
I. Whether district courts have the discretion to permit witnesses to testify even if they have violated an order issued under Federal Rule of Evidence 615? II. Which party bears the burden of persuasion to establish prejudice, or lack of prejudice, when a criminal defendant shows a deviation from Federal Rule of Evidence 615? III. Whether the presumption that juries follow their instructions establishes harmless error in a case involving the erroneous admission of evidence under Federal Rules of Evidence 403 or 404?
Counsel of record
For petitioner
Kevin Joel Page
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
Proceedings
- Oct 15 2026DISTRIBUTED for Conference of 11/6/2026.
- Oct 08 2026Waiver of right of respondent United States to respond filed.
- Sep 30 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2026)