No. 20-7614

Gerald Von Tobel v. Tim Garrett, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254(d)(1) criminal-trial federal-review habeas-corpus juror-misconduct mattox-remmer-test mattox-v-united-states presumption-of-prejudice remmer-v-united-states state-court-procedure
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2021-05-20
Question Presented (AI Summary)

Whether the Nevada state court's juror misconduct formulation, which conditions relief on juror misconduct being egregious to trigger the presumption of prejudice, is 'contrary to' the Mattox-Remmer presumption of prejudice under 28 U.S.C. § 2254(d)(1)

Question Presented (OCR Extract)

QUESTION PRESENTED In Nevada, when a juror commits misconduct by engaging in an unauthorized conversation about a criminal trial with a third party, the Nevada state courts do not presume the misconduct was prejudicial to the defendant unless it was “egregious” misconduct. If the misconduct was not “egregious,” according to the Nevada state courts, the burden of proving prejudice falls on the defendant. Under clearly established federal law—Mattox v. United States, 146 U.S. 140 (1892) and Remmer v. United States, 347 U.S. 227 (1954)— when a juror commits misconduct by engaging in an unauthorized conversation about a criminal trial with a third party, the misconduct is presumptively prejudicial to the defendant, and the government bears a heavy burden to overcome the presumption. The question presented is: Whether the Nevada state court’s juror misconduct formulation, which conditions relief on juror misconduct being egregious to trigger the presumption of prejudice, is “contrary to” the Mattox-Remmer presumption of prejudice under 28 U.S.C. § 2254(d)(1). i

Docket Entries

2021-05-24
Petition DENIED.
2021-05-05
DISTRIBUTED for Conference of 5/20/2021.
2021-04-28
Waiver of right of respondent James Benedetti, et al. to respond filed.
2021-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)

Attorneys

Gerald Von Tobel
Kimberly SandbergFederal Public Defender, District of Nevada, Petitioner
Kimberly SandbergFederal Public Defender, District of Nevada, Petitioner
James Benedetti, et al.
Heather Diane Procter — Respondent
Heather Diane Procter — Respondent