No. 20-7070

Jeremy S. v. West Virginia

Lower Court: West Virginia
Docketed: 2021-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-inquiry jury-polling jury-trial trial-court-procedure verdict-review
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Does the new syllabus point issued by the Supreme Court of Appeals of West Virginia permitting a trial court judge to make further inquiry of a juror after an affirmative response in support of the announced verdict during a poll of the jury violate federal due process protections and the prohibition on double jeopardy?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the new syllabus point issued by the Supreme Court of Appeals of West Virginia permitting a trial court judge to make further inquiry of a juror after an affirmative response in support of the announced verdict during a poll of the jury violate federal due process protections and the prohibition on double jeopardy? 2. In applying the aforementioned new rule, did the Supreme Court of Appeals of West Virginia violate the Petitioner's right not to be re-tried after an acquittal by failing to reverse the trial court and remand for entry of a judgment of acquittal? i

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-24
Waiver of right of respondent West Virginia to respond filed.
2021-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2021)

Attorneys

Jeremy Saunders
Jeremy Benjamin CooperBlackwater Law PLLC, Petitioner
State of West Virginia
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent