No. 25-6971

Tony Phillips v. United States

Lower Court: Third Circuit
Docketed: 2026-03-06
Status: Pending
Type: IFP
Response WaivedIFP
Tags: batson-challenge demeanor-based-explanation equal-protection jury-selection peremptory-strike trial-court-findings
Latest Conference: 2026-04-17
Question Presented (from Petition)

Whether a trial court at step three of Batson must make its own finding as to whether a juror's demeanor can credibly be said to have exhibited the basis for a strike attributed to the juror by the prosecutor.

Question Presented (AI Summary)

Whether a trial court at step three of Batson must make its own finding as to whether a juror's demeanor can credibly be said to have exhibited the basis for a strike attributed to the juror by the prosecutor.

Docket Entries

2026-03-26
DISTRIBUTED for Conference of 4/17/2026.
2026-03-24
Waiver of United States of right to respond submitted.
2026-03-24
Waiver of right of respondent United States to respond filed.
2026-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2026)
2025-12-15
Application (25A580) granted by Justice Alito extending the time to file until January 30, 2026.
2025-12-10
Application (25A580) to extend further the time from December 31, 2025 to January 30, 2026, submitted to Justice Alito.
2025-11-18
Application (25A580) granted by Justice Alito extending the time to file until December 31, 2025.
2025-11-13
Application (25A580) to extend the time to file a petition for a writ of certiorari from December 1, 2025 to December 31, 2025, submitted to Justice Alito.

Attorneys

Tony Phillips
Robert EpsteinFederal Community Defender Office for the EDPA, Petitioner
United States
D. John SauerSolicitor General, Respondent