Harmless jury instruction errors
Parasmo v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Frank Parasmo has asked the Supreme Court to review whether an appeals court may decide that a jury-instruction mistake leaving out a disputed part of a crime did not affect the verdict by weighing the evidence itself, or must ask only whether the defense evidence could support acquittal.
- What's at stake
- The test for reviewing the jury-instruction mistake in Parasmo's case—and whether his challenge succeeds—remains unresolved.
Summary: written with AI from the case record.
What it's about
He says the Second Circuit used the evidence-weighing approach, which conflicts with other courts.
Parasmo says the Second Circuit's approach conflicts with other federal appeals courts. Judge Robinson, who disagreed with the Second Circuit's decision, also described a split among courts.
Question presented
Whether, when a jury instruction erroneously omits a contested element of an offense, a reviewing court may deem the error harmless by weighing the evidence itself, or instead must ask only whether the defendant’s evidence could rationally support acquittal?
What happens next
The petition was distributed for the Court's Oct. 16, 2026 conference, where the justices may consider whether to hear it. Distribution does not mean the Court has agreed to review the case, and no decision date is set.
Documents
Docket activity
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AI analysis generated: Case Briefing
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Case data updated: documents, description, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.