No. 20-5440

Jose Tejada v. Massachusetts

Lower Court: Massachusetts
Docketed: 2020-08-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process equal-protection ethnic-bias fourteenth-amendment jury-selection sixth-amendment
Key Terms:
DueProcess CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

whether-the-right-to-a-fair-trial-requires-questioning-prospective-jurors-on-bias-against-hispanics

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the right to a fair trial by an impartial jury under the Sixth and Fourteenth Amendments requires a trial judge, during jury selection and upon a criminal defendant’s request, to ask each prospective juror whether the juror believed that Hispanic persons from cities such as Lawrence, Massachusetts (the city where the alleged offenses were located), are more likely to commit crimes of violence than any other ethnicity or people. 2. Whether the Equal Protection Clause of the Fourteenth Amendment requires a trial judge, during jury selection and upon a criminal defendant’s request, to ask each prospective juror whether the juror believed that Hispanic persons from cities such as Lawrence, Massachusetts (the city where the alleged offenses were located), are more likely to commit crimes of violence than any other ethnicity or people. 3. Whether the Due Process Clause of the Fourteenth Amendment requires a trial judge, during jury selection and upon a criminal defendant’s request, to ask each prospective juror whether the juror believed that Hispanic persons from cities such as Lawrence, Massachusetts (the city where the trial and alleged offenses were located), are more likely to commit crimes of violence than any other ethnicity or people. 4. Whether a suspect’s rights against compelled self-incrimination under the Fifth and Fourteenth Amendments require the suppression of statements made in response to police interrogation where the suspect’s arrest was imminent, where the police admitted that the suspect would not have been permitted to leave the scene of the interrogation and where the statements at issue pertained to material aspects of the jury’s decision. i

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-09-03
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2020-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2020)

Attorneys

Commonwealth of Massachusetts
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent
Jose Tejada
David H. MirskyMirsky & Petito, Attorneys at Law, Petitioner