⚖ Oral Arguments, with Context

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Jason Hurst v. Leslie Cooley-Dismukes — 4th Cir. (Oct 29, 2026)

No. 25-0005 Argued October 29, 2026 Published October 30, 2026

The Fourth Circuit considers North Carolina's appeal from an order granting Jason Hurst relief from a death sentence. Hurst was convicted of murder for a fatal shooting in two thousand two and sentenced to death. During the sentencing phase, a juror consulted her father, a minister, about biblical passages concerning punishment for murder. Hurst challenged the outside contact through federal habeas corpus, a process for challenging state custody as contrary to federal law. After an evidentiary hearing, a federal judge conditionally vacated the death sentence. This appeal concerns sentencing, not whether Hurst committed the murder. The question is whether the conversation had a substantial and harmful influence on the jury's sentencing decision. You'll hear the phrase grave doubt: if the court is essentially evenly balanced about whether a constitutional trial error had that effect, the error must be treated as harmful. North Carolina will argue that the evidence does not establish that harm; Hurst will ask the court to uphold relief.

Jason Hurst v. Leslie Cooley-Dismukes (No. 25-0005) — U.S. Court of Appeals for the Fourth Circuit, argued October 29, 2026.

Sources
Argument audio — official Fourth Circuit recording:https://www.ca4.uscourts.gov/OAarchive/mp3/25-0005-20261029.mp3
Argument date and issue — official Fourth Circuit calendar, No. 25-5:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf
Prior conditional sentencing relief — district court order, October 31, 2025 (court-issued PDF mirrored by Justia):https://cases.justia.com/federal/district-courts/north-carolina/ncmdce/1%3A2010cv00725/54921/137/0.pdf?ts=1762001996
Federal habeas review of state custody — 28 U.S.C. § 2254:https://www.law.cornell.edu/uscode/text/28/2254
Harmful-effect standard — Brecht v. Abrahamson, Supreme Court majority:https://www.law.cornell.edu/supct/html/91-7358.ZO.html
Grave doubt and evenly balanced evidence — O’Neal v. McAninch, Supreme Court majority:https://www.law.cornell.edu/supct/html/93-7407.ZO.html

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