No. 18-9738

Francisco Gonzalez Jose v. United States

Lower Court: Third Circuit
Docketed: 2019-06-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

When a juror cannot continue deliberations and an alternate juror is empaneled, does the Third Circuit's decision in United States v. Sotelo conflict with Fed. R. Crim. P. 24(c)(3)

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . When a juror cannot continue deliberations and an alternate juror is . empaneled, Fed. R. Crim. P. 24(c)(3) dictates proceedings to follow. ; Does the Third Circuit's decision in United States v. Sotelo, 707 F. App'x 77 (8d Cir. 2017) conflict with Fed. R. Crim. P. 24(c)(3), in that it does not required that the juror be instructed that he/she must start deliberations a new as Rule 24(c)(8) requires. ii

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Waiver of right of respondent United States to respond filed.
2019-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)

Attorneys

Francisco Jose
Francisco Gonzalez Jose — Petitioner
Francisco Gonzalez Jose — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent