No. 20-7031

Jose Diaz, aka Cano v. United States

Lower Court: Second Circuit
Docketed: 2021-02-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure
Key Terms:
DueProcess
Latest Conference: 2021-02-26
Question Presented (AI Summary)

Should a trial court conduct an inquiry when it learns that jurors have disregarded instructions and discussed the case outside the presence of other jurors?

Question Presented (OCR Extract)

Question Presented Should this Court, in order to safeguard a defendant’s rights to due process and a fair and impartial jury, clarify the extent to which a trial court must conduct an inquiry when it learns during the course of deliberations that jurors have disregarded the trial court’s instructions and discussed the matter between themselves outside the presence of the other jurors?

Docket Entries

2021-03-01
Petition DENIED.
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-02-08
Waiver of right of respondent United States to respond filed.
2021-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2021)

Attorneys

Jose Diaz
Jeremiah DonovanAttorney at Law, Petitioner
Jeremiah DonovanAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent