Yesterday the Supremes docketed a cert petition in Moreno v. United States, No. 09-1349. We’ve uploaded the cert petition here. Here’s the QP:
Petitioner was retried by court-martial after eight years of delay attributable to the government. The court-martial found Petitioner had been prejudiced by the inability to locate material defense witnesses and the government’s destruction of all of the physical evidence in the case, some of which was potentially exculpatory. Did the lower courts comply with Barker v. Wingo, 407 U.S. 514 (1972) and Doggett v. United States, 505 U.S. 647 (1992) when, after finding constitutional error, they failed to assess whether the resulting prejudice was harmless beyond a reasonable doubt?