No. 18-5118

Shane K. Floyd v. United States

Lower Court: Sixth Circuit
Docketed: 2018-07-05
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights due-process equal-protection fair-trial ineffective-assistance-of-counsel judicial-fairness jury-deliberations jury-selection presumption-of-innocence racial-bias sixth-amendment strickland-standard
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether racial bias can infect a jury's deliberations and decisions, violating the right to a fair trial

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Implicit bias threatens the very foundation of the criminal , ; : justice system. Wasn't the judicial system built on fairness; the right to a fair trial; the right to a trial of one's peers; the right to be assumed innocent until proven an guilty? It appears the majority decision in the U.S. Court of Appeals, Sixth Circuit, overlooked the far reaching impact of these biases and, more importantly the devastating —_ impact they played in the petitioner's trial. 7 _. It is for this sound,reason in isolation the petitioner oe . appears before this Court, the one tribunal vested with a the judicial power of the United States, noting with | . ; certitude adequate relief cannot be obtained in any other : form or from any other court on the subject matter heretofore. It's in the spirit of this understanding that the 7 ; petitioner profounds these two questions, both with direct constitutional implications. . , . . (1). Whether, in fairness to judicial proceedings, can ‘ : racial bias infect a jury's deliberations and decisions an : with the slightest dubiety that _a discriminatory action : . tainted the outcome of a trial by way of the validity of . the jury verdict? — a oe oe ne It appears the U.S. Court of Appeals, Sixth Circuit, has ; , interpreted important facts with federal law that calls for . ; 4 . an exercise of this Court's supervisory power. With that, : : the petitioner proceeds in presentment of his second | , question... oo ; a (2). Whether the form of expression from an appellate court in denial of a defendant's first appeal, which openly solidifies both prongs. of the Strickland Standard (performance : and prejudice), proving legal counsel of record provided _ substandard assistance, affirm the defendant's constitutional rights were violated by way of the Sixth Amendment? Lk

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-29
Reply of petitioner Shane Floyd filed. (Distributed)
2018-11-09
Brief of respondent United States in opposition filed.
2018-10-02
Motion to extend the time to file a response is granted and the time is further extended to and including November 9, 2018.
2018-10-01
Motion to extend the time to file a response from October 10, 2018 to November 9, 2018, submitted to The Clerk.
2018-09-06
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2018.
2018-09-05
Motion to extend the time to file a response from September 10, 2018 to October 10, 2018, submitted to The Clerk.
2018-08-23
Record received from the U.S.C.A. 6th Circuit. The record is electronic and available on PACER.
2018-08-10
Response Requested. (Due September 10, 2018)
2018-08-09
Record Requested.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Shane Floyd
Shane Floyd — Petitioner
Shane Floyd — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent