Issue: (1) Whether a proper harmless error analysis may ignore the prejudicial effect of evidence erroneously admitted at a trial and focus only on whether other evidence from the trial is convincing enough to sustain a conviction; (2) Whether a Court of Appeals may override the Government’s express waiver of the harmlessness inquiry and engage in sua sponte harmless error review.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.