Larry Wilkerson v. United States
ClassAction
Whether the court should resolve the conflict in the circuits regarding the standard applicable to determining when the Sixth Amendment prohibits discharging a juror under Rule 23(b)(3) who has expressed disagreement with the law but who also may have evidence-based concerns
QUESTIONS PRESENTED I. WHETHER THE COURT SHOULD RESOLVE THE CONFLICT IN THE CIRCUITS REGARDING THE STANDARD APPLICABLE TO DETERMINING WHEN THE SIXTH AMENDMENT PROHIBITS DISCHARGING A JUROR UNDER RULE 23(b)(3) WHO HAS EXPRESSED DISAGREEMENT WITH THE LAW BUT WHO ALSO MAY HAVE EVIDENCE-BASED CONCERNS Il. WHETHER, IN THE ABSENCE OF CLEAR EVIDENCE THAT A JUROR WHO EXPRESSES DISAGREEMENT WITH THE LAW DOES NOT ALSO HAVE EVIDENCE-BASED CONCERNS, THE TRIAL COURT MUST CONDUCT A NARROWLY TAILORED VOIR DIRE SUFFICIENT TO DETERMINE WHETHER THE JUROR ALSO HAS EVIDENCE-BASED DOUBTS ABOUT THE SUFFICIENCY OF THE GOVERNMENT’S CASE 1