No. 20-5398

Lezmond Charles Mitchell v. United States

Lower Court: Ninth Circuit
Docketed: 2020-08-18
Status: Denied
Type: IFP
IFP
Tags: civil-rights death-penalty due-process extraordinary-circumstance juror-interviews jury-selection pena-rodriguez racial-bias rule-60b
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether district courts can validly bar death-sentenced inmates from interviewing trial jurors post-verdict concerning racial bias

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Peria-Rodriguez v. Colorado, 137 8. Ct. 855 (2017), this Court held, for the first time, that no-impeachment rules may not bar consideration of juror testimony showing a verdict was likely motivated by racial bias. In dissent, Justice Alito questioned whether there are “principled grounds for preventing the expansion” of Pera-Rodriguez and questioned whether local rules restricting post-verdict contact with jurors would survive this holding. The questions presented are: 1. Whether, after Pefia-Rodriguez, district courts can validly bar deathsentenced inmates from interviewing trial jurors post-verdict concerning racial bias during deliberations? 2. Whether a change in decisional law such as Pena-Rodriguez is an “extraordinary circumstance” that justifies reopening under Federal Rule of Civil Procedure 60(b)(6)? i

Docket Entries

2020-08-25
Application (20A30) referred to the Court.
2020-08-25
Petition DENIED.
2020-08-25
Application (20A30) denied by the Court.
2020-08-21
Reply of petitioner Lezmond Charles Mitchell filed.
2020-08-20
Brief of respondent United States in opposition filed.
2020-08-19
Application (20A30) for a stay of execution of sentence of death, submitted to Justice Kagan.
2020-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2020)

Attorneys

Lezmond Charles Mitchell
Celeste BacchiFederal Public Defender's Office, Petitioner
Celeste BacchiFederal Public Defender's Office, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent