No. 20-5613

Keith Bernard Smith v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2020-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Whether the trial court interfered with the petitioner's state and federal constitutional rights to a fair jury trial by refusing to hold an evidentiary hearing pursuant to Remmer v. United States, 347 U.S. 227 (1954), where there was extraneous contact with a deliberating juror, and where the court, based on an inadequate record, erroneously determined the circumstances of the contact, the impact on the juror, the prejudicial effect on the defendant, and did not permit all interested parties to participate

Question Presented (OCR Extract)

QUESTTONS PRESENTED +. BED PRE PRIAL COURT FNTERFERE WETH PETITIONRESS STAT AND PEDERAL CORSPTOUTIORAT RTGHTS TO A PATH duRy TRIAL BREN SHE REEUSED (O HOLD aN GVIDENTTACY HEARING PERSUANT THES COURT'S RULING TN REMMER © 5 UNEPER SAVES, 247 U.S. 227 (1954), WHERE TRERE WAS EY? RANEOUS COMEBCT UTTH & DELYSERATING JUROR, AND WHERE THE CODE, BASED WEON AN TNADEQUATE RECORD, HRROWECUSLY DFTERMTNED CHE CIRCUMSTANCES OF THE CONTACT, TRE TMPACT OF TEE EXORANEQUS CONTACT UPON THE 20NOR, THE PREGUDICTAT, EFFECT OF THE CONTACT UPON THE DEPENDANT, AND BLE INTERESPRD PARTIES WERE NOT PERMTPTED TO PARYTCIPATE? iid

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-30
Waiver of right of respondent Noah Nagy, Warden to respond filed.
2020-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2020)

Attorneys

Keith Bernard Smith
Keith Smith — Petitioner
Keith Smith — Petitioner
Noah Nagy, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent