No. 18-7696

Tony J. Walton v. David Ballard, Warden

Lower Court: Fourth Circuit
Docketed: 2019-01-31
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP Experienced Counsel
Tags: due-process fourteenth-amendment impartial-jury judicial-discretion jury-deliberations jury-impartiality sixth-amendment voir-dire
Key Terms:
SocialSecurity Immigration
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (AI Summary)

Were the Petitioner's due process right to an impartial jury under the Sixth and Fourteenth Amendment to the Constitution violated when the trial judge failed to conduct voir dire into the potential prejudice after the jury sent a note to the judge during deliberations, stating, 'a juror who came forward yesterday and admitted to judge Blake that she knows the family is now afraid of repercussions from the family. We are unable to move forward at this time.'

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Were the Petitioner's due process right to an impartial jury under the Sixth and Fourteenth Amendment to the Constitution violated when the trial judge failed to conduct voir dire into the potential prejudice after the jury sent a note to the judge during deliberations, stating, “a juror who came forward yesterday and admitted to judge Blake that she knows the family is now afraid of repercussions from the family. We are unable to move forward at this time.”?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-06-04
Reply of petitioner Tony J. Walton filed. (Distributed)
2019-05-24
Brief of respondent David Ballard, Warden in opposition filed.
2019-04-08
Motion to extend the time to file a response is granted in part and the time is extended to and including May 24, 2019.
2019-04-03
Motion to extend the time to file a response from April 24, 2019 to June 7, 2019, submitted to The Clerk.
2019-03-29
Record received from the U.S.D.C. Southern District of West Virginia. The record is electronic and available on PACER.
2019-03-25
Response Requested. (Due April 24, 2019)
2019-03-25
Record Requested.
2019-03-25
Record received from the U.S.C.A. 4th Circuit. The record is electronic and available on PACER.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

David Ballard, Warden
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Zachary Aaron VigliancoOffice of the West Virginia Attorney General, Respondent
Zachary Aaron VigliancoOffice of the West Virginia Attorney General, Respondent
Tony J. Walton
Lawrence David RosenbergJones Day, Petitioner
Lawrence David RosenbergJones Day, Petitioner
Tony J. Walton — Petitioner
Tony J. Walton — Petitioner