Loren J. Larson, Jr. v. Nancy Dahlstrom, Commissioner, Alaska Department of Corrections
DueProcess
Does the Equal Protection clause of the Fourteenth Amendment require courts to apply a Sixth Amendment constitutional exception to a no-impeachment rule for clear statements of juror bias which are not grounded in claims of racial bias?
QUESTION PRESENTED In Pena-Rodriguez v. Colorado, 580 U.S. __, 1387 S. Ct. 855, 883-84 (2017), the dissent observed that the equal protection clause of the Fourteenth Amendment would not limit the newly created Sixth Amendment constitutional exception to the “no-impeachment” rule to just instances of racial bias. In the immediate case, multiple jurors declared, outside the presence of the court or parties and only to other jurors, clear statements of bias regarding the use of a defendant’s right to remain silent as evidence of the defendant’s guilt. For Example, Juror Hayes declared that “anyone who won't testify for himself is guilty” and Juror Slater declared that “if he won't testify for himself, he must be guilty.” Because this type of bias deprives the defendant of his constitutional right to remain silent and his constitutional right to an impartial jury panel, any resulting criminal judgment would be void for violating this core requirement of due process that a defendant be adjudged guilty by proof beyond a reasonable doubt and would result in a loss of jurisdiction for the trial court to issue a judgment. Thus, the questions being presented are: 1. Does the Equal Protection clause of the Fourteenth Amendment require courts to apply a Sixth Amendment constitutional exception to a noi impeachment rule for clear statements of juror bias which are not grounded in claims of racial bias? 2. If so, would a juror’s clear statements that they intended to use a defendant’s right to remain silent at trial as evidence of the defendant’s guilt, despite a jury instruction explaining that such silence cannot be used as evidence of guilt, be the type of bias that would call for a constitutional exception, as the bias would circumvent the requirement that the government prove a defendant guilty beyond a reasonable doubt? 3. And, does a failure to provide a defendant with an unbiased jury panel deprive a court of jurisdiction to enter a criminal judgment? : ii