MICHIGAN
v.
THOMAS

U.S. | 1992-10-05
No. 92-47
506 U.S. 904 Supreme Court of the United States (1992) Positive Treatment
Cited by 1 case
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  • United States v. Gonzalo De Jesus Tamayo, 80 F.3d 1514 (11th Cir. 1996)
    …23, 1529-30 (9th Cir.) (holding in a habeas corpus appeal that the sentencing judge’s denying a convicted defendant’s affirmative request to allocute implicates constitutional due process, although amenable to harmless error analysis), cert. denied, 506 U.S. 904, 113 S.Ct. 297, 121 L.Ed.2d 221 (1992). The Supreme Court has held that a trial court’s failure to allow a defendant to allocute at sentencing is neither a constitutional error nor is it “a fundamental defect which inherently results in a complete…

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