No. 21-5767

James Felton v. United States

Lower Court: Second Circuit
Docketed: 2021-09-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process implicit-bias jury-impartiality jury-selection racial-bias racial-prejudice sixth-amendment voir-dire
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Does our society's evolving understanding of the impact of implicit bias on jury behavior justify overturning the 'substantial circumstances' test

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does our society’s evolving understanding of the impact of implicit bias on jury behavior justify overturning the “substantial circumstances” test set out in Rosales-Lopez v. United States, 451 U.S. 182, 189, 192 (1981) (plurality opinion) and creating a per se rule that judges presiding over criminal cases involving alleged crimes of violence by Black men must, when asked, voir dire potential jurors about implicit bias and any unconscious preconceptions they hold about the propensity of Black men to commit violent acts? 2. Did the district court’s refusal to voir dire the jury panel about implicit bias and any unconscious preconceptions they hold about the propensity of Black men to commit violent acts constitute a violation of the Petitioner’s Sixth Amendment right to an impartial jury?

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-19
Waiver of right of respondent United States of America to respond filed.
2021-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2021)

Attorneys

James Felton
Devin McLaughlinLangrock Sperry & Wool, LLP, Petitioner
Devin McLaughlinLangrock Sperry & Wool, LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent