No. 21-6490

Earl McCoy v. United States

Lower Court: Second Circuit
Docketed: 2021-12-02
Status: GVR
Type: IFP
Relisted (2)IFP
Tags: appellate-review crime-of-violence fair-trial hobbs-act impartial-jury juror-bias jury-impartiality mcdonough-standard new-trial sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-06-23 (distributed 2 times)
Related Cases: 21-447 (Vide)
Question Presented (AI Summary)

Whether the Court of Appeals erred in analyzing the Petitioner's Sixth Amendment right to trial by a fair and impartial jury

Question Presented (OCR Extract)

QUESTIONS PRESENTED , | 1. | Whether the Court of Appeals erred in analyzing the Petitioner’s Sixth Amendment right to trial by a fair and impartial jury by only applying the | MeDonough two prong standard. | _ 2. | Whether a new trial is warranted pursuant to this Court’s decision in MeDonough 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 2 purpose or inadvertent juror dishonesty. 3, Whether McDonough requires a showing of actual juror bias before a oe, _ 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. oe OO | 4, Whether attempted robbery under the Hobbs Act, 18 USE. § 1951, qualifies asa “crime of violerice,” meaning that it “has as ati element the use, attempted ade: or threatened use of physical force agaist the person or property of another” when analyzed under the “categorical” or “elements” Parties and Related Cases we. ne The parties are Earl McCoy, Matthew Nix and the United States-of America. OO oe So *USA v. McCoy No. 6:14-cr-6181-1, District Court for the Western "District of New York. Judgment entered October 24,2007 ~ ; . +) *USA vy. MéCoy No. 17-3515 and'18-619, US Court of Appeals for __ the Second Circuit. Judgment entered April 22,2021 *USA v. Matthew Nix No. 6:14cr 6181-4, US District Court for the -. as " -. Western district of New York. Judgment entered October 24, 2017 ; , .. *USA y, Matthew Nix No: 17-3516 and 18-625, U.S. Court of a _ Appeals for the Second Circuit. Judgment entered April 22, 2021 a vate * Matthew Nix v. United States, Petition for Writ of Certiorari No. 21— : ‘447 filed on September 15,2021. © ee oo ; . ii a : Table. of Contents 2 . Petition for a Writ of Certiorari... 0.6... eee eee etree eee ed Opinions Below . 00sec cee ece eee ee cent eee t

Docket Entries

2022-07-29
JUDGMENT ISSUED
2022-06-27
Motion to proceed in forma pauperis and petition for a writ of certiorari 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.
2022-02-02
Memorandum of respondent United States filed.
2021-12-29
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
2021-12-28
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-11-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Earl McCoy
Robert W. Wood — Petitioner
Robert W. Wood — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent