No. 20-7381

Larry Wilkerson v. United States

Lower Court: District of Columbia
Docketed: 2021-03-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-conflict evidence-based-concerns juror-discharge legal-disagreement rule-23(b)(3) sixth-amendment standard-of-review trial-court-discretion voir-dire
Key Terms:
ClassAction
Latest Conference: 2021-04-01
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-15
Waiver of right of respondent United States of America to respond filed.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)

Attorneys

Larry Wilkerson
Sebastian K.D. GraberSebastian K.D. Graber, Esq., Petitioner
Sebastian K.D. GraberSebastian K.D. Graber, Esq., Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent