This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to MICHAEL B. KIMBERLY, petitioner Kentel Myrone Weaver argues that trial counsel failed to preserve a structural error, which is the gravest type of constitutional error in a criminal trial.
According to MICHAEL B. KIMBERLY, because of that alleged structural error, it would be impossible for the defendant to obtain relief under Strickland v. Washington for ineffective assistance of counsel.
According to MICHAEL B. KIMBERLY, defendants must prove actual prejudice resulting from their attorney's deficiency.
According to Mr. Kimberly, petitioner questions whether a public‑trial violation occurred, citing Presley v. Georgia.
According to Mr. RavitZ, petitioner notes that the Court has not said a reasonable‑probability standard cannot be shown.
According to Ms. O'Connell, amicus counsel O’Connell argues that any structural error leads to fundamental unfairness and unreliability in the trial outcome.
- [1] d6a78052b4b1acb50ca5-r1-a885200f5f060812.pdf, p. 3
- [2] d6a78052b4b1acb50ca5-r1-a885200f5f060812.pdf, p. 3
- [3] d6a78052b4b1acb50ca5-r1-a885200f5f060812.pdf, p. 3
- [4] d6a78052b4b1acb50ca5-r1-a885200f5f060812.pdf, p. 53
- [5] d6a78052b4b1acb50ca5-r1-a885200f5f060812.pdf, p. 38
- [6] d6a78052b4b1acb50ca5-r1-a885200f5f060812.pdf, p. 42
Background and question before the Court
Justice Ginsburg asked: “Do you make any distinctions between kinds of errors that we have called structural?”
Chief Justice Roberts asked: “Is the difficulty in any particular case something that can be weighed in determining whether the defendant has carried his burden of showing prejudice?”
According to Justice Gorsuch, justice Gorsuch inquired about a “triviality exception” and whether the case might qualify for it.
What each side argues
Petitioner (Kentel Myrone Weaver)
According to MICHAEL B. KIMBERLY, petitioner contends that counsel’s failure to object created a structural error, the gravest constitutional error.
According to MICHAEL B. KIMBERLY, because of that error, relief under Strickland v. Washington is unavailable.
According to MICHAEL B. KIMBERLY, defendants must show actual prejudice from counsel’s deficiency.
According to Mr. Kimberly, petitioner questions whether a public‑trial violation occurred, referencing Presley v. Georgia.
According to Mr. RavitZ, petitioner notes the Court has not ruled that a reasonable‑probability standard cannot be shown.
Respondent (Massachusetts)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Ginsburg asked whether the parties distinguish among structural errors.
According to Justice Kennedy, justice Kennedy inquired whether a structural error exists under the hypothetical presented.
According to Justice Sotomayor, justice Sotomayor questioned whether prejudice could be presumed for an absolute courtroom closure.
Justice Gorsuch raised the “triviality exception” and asked whether the case might qualify.
Chief Justice Roberts asked whether difficulty in a particular case can be weighed in determining prejudice.
What the Court decided
Why it matters
According to Ms. O'Connell, the case could clarify how courts treat structural errors, which are considered the most serious constitutional errors because they threaten fundamental fairness.
Understanding whether prejudice must be proven or can be presumed in structural error cases affects defendants’ ability to obtain relief.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- d6a78052b4b1acb50ca5-r1-a885200f5f060812.pdforal argument transcript
Guide generated September 25, 2026. Automated validation accepted this version.