No. 20-5615

Michael Gordon v. United States

Lower Court: First Circuit
Docketed: 2020-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process federal-criminal-procedure federal-prosecution juror-impartiality jury-impartiality jury-selection marijuana-legalization marijuana-prosecution voir-dire
Key Terms:
Punishment JusticiabilityDoctri
Latest Conference: 2020-10-09
Question Presented (AI Summary)

When empaneling a jury for a federal marijuana prosecution in a state where marijuana is legal, must the voir dire be more keenly focused on whether any such views would prevent or substantially impair the performance of their duties as jurors

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When empaneling a jury for a federal marijuana prosecution in a state where marijuana is legal, does a voir dire inquiry focusing on whether the potential jurors could put their views about the regulation of marijuana out of their minds satisfy constitutional demands, or, instead, must the voir dire be more keenly focused on whether any such views would prevent or substantially impair the performance of their duties as jurors in accordance with their instructions and their oath? 2. Isa person who is “trying to get employed in the cannabis industry” in a state where marijuana is legal automatically disqualified from serving on a jury for a federal marijuana prosecution? 3. If the district court dismissed potential jurors for cause based on their responses to voir dire questions about their attitudes toward marijuana regulation, without establishing the requisite degree of impairment to the performance of their duties, has the defendant suffered cognizable harm? 2

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-15
Waiver of right of respondent United States to respond filed.
2020-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2020)

Attorneys

Michael Gordon
Michelle MenkenThe Law Office of Michelle Menken, Petitioner
Michelle MenkenThe Law Office of Michelle Menken, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent