No. 22-6934

Jack V. Smalley v. United States

Lower Court: Tenth Circuit
Docketed: 2023-03-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: batson-challenge batson-claim comparative-juror-analysis discrimination discriminatory-purpose due-process jury-selection peremptory-challenge voir-dire
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-03-31 (distributed 2 times)
Question Presented (AI Summary)

Does a comparative-juror analysis on a Batson claim depend on the reasons a party actually gave for exercising a peremptory challenge, or does it extend as well to reasons that could have been given or that a party might have offered on questioning by a trial court?

Question Presented (OCR Extract)

QUESTION PRESENTED Does a comparative-juror analysis on a Batson claim depend on the reasons a party actually gave for exercising a peremptory challenge, or does it extend as well to reasons that could have been given or that a party might have offered on questioning by a trial court? i STATEMENT OF RELATED CASES United States v. Smalley, No. 19-cr-00409-DDD (D. Colo.) Judgment entered April 23, 2021 United States v. Smalley, No. 21-1167 (10th Cir.) Judgment entered November 7, 2022 ii

Docket Entries

2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-13
Waiver of right of respondent United States to respond filed.
2023-03-06
Motion (22M75) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2023-02-15
MOTION (22M75) DISTRIBUTED for Conference of 3/3/2023.
2023-02-06
Motion (22M75) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2023-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2023)

Attorneys

Jack V. Smalley
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent