No. 24-5166

Nicholas Joseph v. United States

Lower Court: Second Circuit
Docketed: 2024-07-29
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire
Key Terms:
FifthAmendment DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Whether a trial judge must voir dire on implicit or unconscious bias

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Whether this Court should grant Certiorari to address whether a trial judge, when requested by defense counsel, must voir dire on implicit or unconscious bias such that its refusal to so do is an abuse of discretion which violates an accused’s Sixth Amendment right to an impartial jury. 2) Whether this Court should grant Certiorari to address a conflict between the Circuits as to whether newly available evidence, which previously had been unavailable due to the invocation of a valid privilege, may be sufficient to establish “newly discovered evidence” under Rule 33 of the Federal Rules of Criminal Procedure. i

Docket Entries

2024-11-04
Petition DENIED.
2024-10-17
DISTRIBUTED for Conference of 11/1/2024.
2024-10-16
Reply of petitioner Nicholas Joseph filed. (Distributed)
2024-09-27
Brief of respondent United States in opposition filed.
2024-08-26
Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2024.
2024-08-22
Motion of United States for an extension of time submitted.
2024-08-22
Motion to extend the time to file a response from August 28, 2024 to September 27, 2024, submitted to The Clerk.
2024-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2024)

Attorneys

Nicholas Joseph
Randa Dea MaherLaw Office of Randa D. Maher, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent