No. 18-7025

Tyree Marquez Burt v. California

Lower Court: California
Docketed: 2018-12-13
Status: Denied
Type: IFP
IFP
Tags: coercion due-process fair-trial fifth-amendment fourteenth-amendment hung-jury judicial-instruction jury-coercion jury-instructions trial-procedure
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Was the trial court's admonition to a deadlocked jury coercive, implicating the petitioner's due process rights to a fair trial?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Under longstanding precedent from this Court, although a trial judge may instruct a deadlocked jury about its duty to deliberate, it cannot coerce a guilty verdict. Here, the trial court advised a deadlocked jury that it would not accept a hung jury and directed the panel to resume deliberations. But it did not remind the jury of their right to an individual opinion even if such position conflicted with the majority view. Under these circumstances, was the admonition coercive, implicating petitioner’s due process rights to a fair trial? prefix

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

Tyree Marquez Burt
Siri ShettyAppellate Defenders, Inc., Petitioner
Siri ShettyAppellate Defenders, Inc., Petitioner