No. 25-5560

Yancey J. Myers v. United States

Lower Court: Eighth Circuit
Docketed: 2025-09-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process judicial-bias jury-misconduct structural-error trial-procedure
Key Terms:
FifthAmendment DueProcess HabeasCorpus
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Whether a disqualified trial judge's recusal due to substantial prejudice constitutes a structural error when the judge previously presided as both accuser and adjudicator, and whether jury misconduct and altered verdict forms can invalidate a conviction

Question Presented (OCR Extract)

1) . Where a disqualified trial judge recuses himself due to substantial prejudice/bias ; POSTCONVICTION! is there a structural error because said judge already presided/heard as accuser and adjudicator? 2) . Does abuse of discretion or a structural error arise.* when a claim of jury misconduct,a hearing, and motion for new/mistrial is denied by a trial judge later disqualified for prejudice/bias? 3) .When the verdict form, and the jury instructions essential elements are altered from the charge in the indictment can a conviction stand or is it grounds for dismissal of that count or the indictment as a whole? 4) . Can a claim of actual innocence made prior to a 2255 but denied, v provide for equittable tolling of the statue of limitations of a 2255? 5) . Where the U.S. Constitution prohibits Ex-Post Facto laws, what is the meaning and/or extent of the meaning "prohibits" when a lower court allows anGadmitted ex-post facto violation as a harmless error? 6) . When the government admits that the answer to a deliberation questi ion (expert testimony not turned over to defense before trial)"is not part of the evidence" has the government admitted a brady violation due to the answer presumbly affecting the verdict? 7) i.' When a government expert witness goes un corrected, ,can said conviction be upheld, when the testimony placed a substantial prejudice on the juries verdict? 8) . When defense counsel makes a erroneous concession of guilt in final arguments, with no admission of guilt from the defendant, can such pre judice make cocivictibn reliable'.on ’ evidence-or erroneous concession ?

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-24
Waiver of United States of right to respond submitted.
2025-09-24
Waiver of right of respondent United States to respond filed.
2025-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Yancey J. Myers
Yancey J. Myers — Petitioner
Yancey J. Myers — Petitioner