No. 20-6935

Melvin Wofford v. Jeffrey Woods, Warden

Lower Court: Sixth Circuit
Docketed: 2021-01-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-question criminal-trial deliberating-juror deliberation-process judicial-discretion juror-dismissal juror-removal jury-unanimity merits-of-the-case sixth-amendment unanimous-jury-verdict
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2021-03-26
Question Presented (AI Summary)

Does a trial court violate the defendant's Sixth Amendment right to a unanimous jury verdict when the record establishes a reasonable possibility that the judge replaced a deliberating juror because of the juror's views on the merits of the case?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Over the course of six days of deliberation in Melvin Wofford’s murder case, the jury sent notes revealing that they were deadlocked 11 to 1, one person had doubts about the case, and the holdout was a woman. On the sixth day of deliberation, the parties learned the identity of the holdout juror because she contacted a lawyer to report being harassed by other jurors. She did not discuss the case or her views on the case. Both parties suggested a mistrial. Without talking to this juror, the trial judge dismissed and replaced her with an alternate. The newly constituted jury convicted Mr. Wofford in less than an hour and a half. This petition presents the following question: Does a trial court violate the defendant’s Sixth Amendment right to a unanimous jury verdict when the record establishes a reasonable possibility that the judge replaced a deliberating juror because of the juror’s views on the merits of the case? ii

Docket Entries

2021-03-29
Petition DENIED.
2021-03-19
Waiver of right of respondent Jeffrey Wood, Warden to respond filed.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2021)

Attorneys

Jeffrey Wood, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Melvin Wofford
Colleen P FitzharrisFederal Community Defender, Eastern District of Michigan, Petitioner
Colleen P FitzharrisFederal Community Defender, Eastern District of Michigan, Petitioner