No. 21-447

Matthew Nix v. United States

Lower Court: Second Circuit
Docketed: 2021-09-22
Status: GVR
Type: Paid
Relisted (2)
Tags: actual-bias categorical-approach crime-of-violence criminal-procedure hobbs-act implied-bias juror-bias juror-dishonesty mcdonongh-power-equipment mcdonough-standard new-trial new-trial-standard
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-06-23 (distributed 2 times)
Related Cases: 21-6490 (Vide)
Question Presented (AI Summary)

Whether a new trial is warranted upon a showing of intentional or inadvertent juror dishonesty

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a new trial is warranted pursuant to this Court’s decision in McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548 (1984), only upon circumstances evidencing intentional juror dishonesty for the purpose of securing a seat on the jury, or, alternatively, whether a new trial is warranted even upon a showing of intentional dishonesty for an alternative purpose or inadvertent juror dishonesty. 2. Whether McDonough requires a showing of actual juror bias before a new trial may be granted, or, alternatively, whether a showing of implied or inferred juror bias is sufficient to demonstrate a valid basis for a challenge for cause to warrant a new trial. 3. Whether attempted robbery under the Hobbs Act, 18 U.S.C. § 1951, qualifies as a “crime of violence,” meaning that it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another” when analyzed under the “categorical” or “elements” analytic.

Docket Entries

2022-07-29
JUDGMENT ISSUED
2022-06-27
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Taylor</i>, 596 U. S. ___ (2022).
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2021-11-22
Memorandum for the United States filed.
2021-10-13
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
2021-10-12
Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
2021-09-15
Petition for a writ of certiorari filed. (Response due October 22, 2021)

Attorneys

Matthew Nix
Joseph D. NohavickaPardalis & Nohavicka, LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent