No. 18-9242

Joel Hayden v. Maine

Lower Court: Maine
Docketed: 2019-05-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge constitutional-rights due-process equal-protection ethnicity fourteenth-amendment jury-selection jury-selection-process language-barrier race-discrimination racial-bias racial-discrimination voir-dire
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2019-06-13
Question Presented (AI Summary)

When a party moves to strike a prospective juror for cause due to a 'language barrier', what record must the court make to ensure the strike is not based on race, ethnicity or national origin?

Question Presented (from Petition)

QUESTIONS PRESENTED 1) "WHEN A PARTY MOVES TO STRIKE A PROSPECTIVE JUROR FOR CAUSE ~ BECAUSE OF A ‘LANGUAGE BARRIER' WHAT SORT OF RECORD MUST ; THE COURT MAKE IN ORDER TO ENSURE THAT A "LANGUAGE BARRIER' IS NOT A PROXY FOR A CONSTITUTIONALLY IMPERMISSIBLE STRIKE BASED ON RACE, ETHNICITY OR NATURAL ORIGIN"? 2) "DID THE MAINE SUPREME COURT VIOLATE DEFENDANT'S FOURTEENTH AMENDMENT RIGHTS BY REFUSING TO ENTERTAIN A DISCRETIONARY APPEAL OF THE TRIAL. COURT'S REFUSAL TO APPLY STEP THREE OF THE BATSON ANALYSIS, AFTER DEFENSE COUNSEL STRUCK .THE ONLY PROSPECTIVE JUROR OF COLOR BASED ON A "LANGUAGE BARRIER' WHEN THE DEFENDANT WAS HIMSELF A PERSON OF COLOR AND RACIAL “BIAS AGAINST AFRICAN AMERICANS WAS ALREADY EXPOSED AMONGST , THE PROSPECTIVE JURORS"? : 3) “ONCE A DEFENDANT HAS INDICATED A DESIRE TO ATTEND BENCH, SIDEBAR OR IN CHAMBERS CONFERENCES, DOES HIS ABSENCE FROM THOSE CONFERENCES THAT HE IS CONSTITUTIONALLY ENTITLED TO ATTEND INDICATE A VALID WAIVER OF HIS RIGHT TO BE PRESENT"? 4) "Is IT A VIOLATION OF A DEFENDANT'S UNITED STATES CONSTITUTIONAL RIGHT TO ATTEND A CONFERENCE IN CHAMBERS FOR THE TRIAL COURT TO ACCEPT AS A VALID WAIVER OF DEFENDANT'S _ ‘CONSTITUTIONAL RIGHT, DEFENSE. COUNSEL'S REPRESENTATION TO THE COURT THAT THE DEFENDANT DID NOT’ NEED TO ATTEND : WHITHOUT CONSULTING WITH THE DEFENDANT"? os ne i |

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-23
Waiver of right of respondent State of Maine to respond filed.
2019-05-09
Application (18A1156) granted by Justice Breyer extending the time to file until August 23, 2018.
2018-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2019)
2018-06-08
Application (18A1156) to extend the time to file a petition for a writ of certiorari from July 8, 2018 to August 23, 2018, submitted to Justice Breyer.

Attorneys

Joel Hayden
Joel Hayden — Petitioner
Joel Hayden — Petitioner
State of Maine
Donald William MacomberMaine Office of Atty. Gen., Respondent
Donald William MacomberMaine Office of Atty. Gen., Respondent