No. 23-5648

Frank Nucera, Jr. v. United States

Lower Court: Third Circuit
Docketed: 2023-09-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Did the Third Circuit err by upholding the denial of Petitioner’s motion for new trial or an evidentiary hearing based on juror affidavits which established several jurors expressed racial biases during deliberations, raceshamed other jurors into voting guilty, threatened other jurors during deliberations based on racial biases, and where at least one pivotal juror lied during voir dire about past racial discrimination experienced and about her anti-police bias? ii

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-10-03
Waiver of right of respondent United States to respond filed.
2023-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2023)

Attorneys

Frank Nucera Jr.
Rocco Cipparone Jr.Law Offices of Rocco C. Cipparone Jr., Petitioner
Rocco Cipparone Jr.Law Offices of Rocco C. Cipparone Jr., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent