Whether seating an alien capital juror violated the petitioner's Sixth, Eighth, and Fourteenth Amendment rights

QUESTIONS PRESENTED Almost a decade ago, this Court unanimously held that, “If a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court's good-faith error is not a matter of federal constitutional concern.” Rivera v. Illinois, 556 U.S. 148, 157 (2009). This case presents a question not addressed in Rivera. Here, an patently unqualifiedjuror who was challengeable for cause — the juror was not a citizen and entered the juror pool after illegally registering to vote — sat on petitioner’s jury and voted to sentence him to death. This petition presents these questions: I. Whether seating an alien capital juror—a juror the court and counsel should have known was unqualified to sit and was challengeable for cause—violated Petitioner’s Sixth and Eighth Amendment rights to a panel of jurors who were qualified and not challengeable, and further violated the petitioner's Fourteenth Amendment procedural due process right to have Arizona follow its own laws on jury composition. II. Whether the constitutional “fair cross-section of the community” and “conscience of the community” jury requirements were violated by seating a foreigner as a juror, since aliens are categorically “outside of this community” under this Court’s precedent, in violation of petitioner’s Sixth, Eighth, and Fourteenth Amendment rights, thus requiring recognition of a Sixth Amendment right to citizen-jurors. i