No. 22-7699

Michael Tisius v. David Vandergriff, Warden

Lower Court: Missouri
Docketed: 2023-06-02
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: due-process illiteracy juror-qualification juror-qualifications jury-selection missouri-law right-to-fair-trial voir-dire
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Did the Missouri Supreme Court's failure to enforce Missouri's mandatory exclusion from the jury of persons who cannot read or write violate Mr. Tisius's right to due process of law?

Question Presented (OCR Extract)

QUESTION PRESENTED Michael Tisius was sentenced by a Missouri jury that included an individual who was not qualified to serve under Missouri law. This juror was, and is still, illiterate. The juror concealed his illiteracy from the sentencing court by declining to honestly answer a question posed in voir dire and was assisted in doing so by a county official who read him the juror qualification form, filled in the juror’s answers for him, then concealed the fact that the juror had disclosed his illiteracy. The case presents the following question: 1. Did the Missouri Supreme Court’s failure to enforce Missouri’s mandatory exclusion from the jury of persons who cannot read or write violate Mr. Tisius’s right to due process of law? i

Docket Entries

2023-06-06
Petition DENIED.
2023-06-06
Application (22A1045) referred to the Court.
2023-06-06
Application (22A1045) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-06-05
Reply of petitioner Michael Tisius filed.
2023-06-04
Brief of respondent David Vandergriff in opposition filed.
2023-06-02
2023-06-02
Application (22A1045) for a stay of execution of sentence of death, submitted to Justice Kavanaugh.

Attorneys

David Vandergriff
Andrew Jacob CraneMissouri Attorney General's Office, Respondent
Andrew Jacob CraneMissouri Attorney General's Office, Respondent
Michael Tisius
Elizabeth Unger CarlyleCarlyle Parish LLC, Petitioner
Elizabeth Unger CarlyleCarlyle Parish LLC, Petitioner