FifthAmendment FirstAmendment JusticiabilityDoctri
Whether the term 'corruptly' in 18 U.S.C. § 1503 requires the government to prove that the defendant had a 'specific intent to obtain an unlawful advantage,' which includes a consciousness of wrongdoing similar to criminal willfulness
question presented is: Whether the term “corruptly” in 18 U.S.C. § 1503 requires the government to prove that the defendant had a “specific intent to obtain an unlawful advantage,” Marinello v. United States, 138 S. Ct. 1101, 1108 (2018), which includes a consciousness of wrongdoing similar to criminal willfulness. 2. Inthe past 40 years, some trial courts have developed a practice of using anonymous juries, prohibiting even the defendant and the attorneys from learning the jurors’ identities. This Court has yet to consider this departure from the public jury trial tradition, a departure that continues to expand. The second question presented is: Whether a defendant has a Constitutional, statutory, or common law right to a public jury in a federal criminal trial, and, if so, whether publicity can justify a complete deprivation of that right or instead whether a court must consider lesser alternatives, including sequestration or limited disclosure of the jurors’ identities to the attorneys so they may effectively select the jury. ii STATEMENT OF RELATED CASES e United States v. Leroy Baca, No. 16CRO0066-PA, US. District Court for the Central District of California. Judgment entered May 16, 2017. e United States v. Leroy Baca, No. 17-50192, U.S. Court of Appeals for the Ninth Circuit. Judgment entered February 11, 2019, rehearing denied April 19, 2019.