juror-misconduct

45 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24A582 Stacey Ian Humphreys v. Shawn Emmons, Warden Eleventh Circuit 2024-12-13 Presumed Complete aedpa cause-and-prejudice circuit-split death-penalty juror-misconduct procedural-default Whether the Antiterrorism and Effective Death Penalty Act (AEDPA) applies to procedural default analysis in reviewing claims of juror misconduct that …
24A279 John Esposito v. Shawn Emmons, Warden Georgia 2024-09-19 Presumed Complete death-penalty due-process fair-trial juror-misconduct outside-influences voir-dire Whether a juror's undisclosed consultation with a pastor about biblical views on the death penalty during jury selection constitutes a violation of th…
24-5100 Elmer Dean Baker v. Indiana Indiana 2024-07-18 Denied Response WaivedRelisted (2)IFP due-process fair-trial Fifth-Amendment-due-process Fourteenth-Amendment-due-process juror-misconduct jury-bias pre-trial-publicity sixth-amendment voir-dire Sixth-Amendment-right-to-fair-trial
23-7724 In Re Shomas T. Winston 2024-06-14 Denied IFP evidentiary-hearing fair-trial fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire Whether a petitioner should be denied an evidentiary hearing to question a juror who failed to disclose information
23-7528 Aaron Matthew Rentfrow v. United States Fifth Circuit 2024-05-21 Denied Response WaivedIFP criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony Whether the district court erred in failing to grant a mistrial
23-7316 David James Lack v. Rob Bonta, Attorney General of California Ninth Circuit 2024-04-26 Denied IFP case-document civil-rights court-filing due-process judicial-process juror-misconduct jury-selection legal-document new-trial petition prosecutorial-misconduct related-cases Whether a juror who concealed material information during voir dire should be disqualified from serving on a jury, and whether a juror's improper cond…
23-6472 Keith L. Allen v. Nebraska Nebraska 2024-01-12 Denied IFP constitutional-bar credible-threats impartial-jury juror-misconduct juror-threats no-impeachment-rule sixth-amendment sixth-amendment-violation verdict-influence Whether a no-impeachment rule constitutionally bars evidence of credible threats of violence against the jurors influencing their verdict offered to p…
23-5714 Cuhuatemoc Hinricky Peraita v. Alabama Alabama 2023-10-04 Denied Relisted (2)IFP appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge Did the Alabama Court of Criminal Appeals depart from this Court's decisions in Mattox v. United States, 146 U.S. 140 (1892) and Parker v. Gladden, 38…
23-5648 Frank Nucera, Jr. v. United States Third Circuit 2023-09-26 Denied Response WaivedIFP due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits?
23-5012 Matthew Nix v. United States Second Circuit 2023-07-03 Denied Response WaivedIFP appellate-review circuit-split civil-procedure due-process judicial-interpretation juror-misconduct jury-misconduct jury-selection mcdonnell-test mcdonongh-test supreme-court Whether the multiple interpretations of McDonough's two prong test requires this Court to grant certiorari to provide clarity and avoid disparate resu…
22-6893 James Alvin Chaney, aka Ace Chaney v. United States Sixth Circuit 2023-03-01 Denied Response WaivedIFP burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions In light of United States v. Ruan, were the jury instructions in Chaney incorrect and should Dr. Chaney's conviction be vacated?
22-6753 Andrew Mark Lamar v. Colorado Colorado 2023-02-10 Denied IFP constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment Whether petitioner's right to a fair and impartial trial was violated due to juror misconduct
22-6728 John Lezell Balentine v. Texas Texas 2023-02-08 Denied IFP given its interweaving with federal law -abuse-of-writ -federal-law -habeas-corpus -post-conviction-relief -state-law-ground #NAME? abuse-of-the-writ capital-case due-process federal-law juror-misconduct racial-prejudice Whether the CCA's otherwise unexplained ruling that abuse of the writ under Article 11.071, § 5, precluded post-conviction relief is an adequate and i…
22-6678 Cortez Watts v. Mississippi Mississippi 2023-02-01 Denied Response WaivedIFP 6th-amendment appellate-review civil-rights constitutional-rights due-process extraneous-evidence impartial-jury juror-misconduct jury-bias jury-selection trial-procedure Whether the trial court properly applied the Darden test of Juror Misconduct
22-6662 Wesley Ruiz v. Texas Texas 2023-01-31 Denied IFP constitutional-rights death-penalty due-process equal-protection juror-misconduct jury-selection racial-bias sixth-amendment Does Peria-Rodriguez apply to Petitioner's evidence that at least one juror relied on anti-Hispanic racial stereotypes and animus to find that he was …
22-5947 Kevin Johnson v. Missouri Missouri 2022-10-31 Denied IFP criminal-procedure criminal-trial death-penalty eighth-amendment juror-misconduct juvenile-justice mental-health mental-impairment racial-bias Whether the retrial and death sentence of a 19-year-old offender with mental impairments remedied the constitutional violation from the first trial wi…
22-5789 Rodney Donta Jackson v. Minnesota Minnesota 2022-10-07 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process juror-misconduct post-verdict-hearing post-verdict-hearings public-trial sixth-amendment trial-procedure Does the Sixth Amendment right to a public trial extend to postverdict hearings investigating potential juror misconduct?
22-5675 Larry Gapen v. Ohio Ohio 2022-09-23 Denied IFP capital-case constitutional-violations due-process extrinsic-evidence federal-constitutional-rights federal-habeas-corpus habeas-corpus juror-misconduct lex-talionis state-procedural-rules Whether state courts violate the federal constitution's right to due process by applying state procedural rules to prevent substantial claims of feder…
22-44 Westley Devone Harris v. Alabama Alabama 2022-07-15 Denied criminal-procedure fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to an impartial jury when a jury member gives dishonest and inco…
21-7381 Jessie D. Hoffman, Jr. v. Louisiana Louisiana 2022-03-16 Denied Amici (1)IFP capital-case criminal-procedure death-penalty due-process juror-misconduct jury-selection no-impeachment-rule peña-rodriguez racial-bias Did the Louisiana Supreme Court err in failing to consider clear evidence of juror racial bias under Peña-Rodriguez in the extraordinary circumstances…
21-7071 Keaon Wilson v. United States Third Circuit 2022-02-08 Denied Response WaivedIFP constitutional-rights due-process juror-misconduct juror-numbers jury-selection mix-up sixth-amendment structural-error trial-procedure Is it structural error in violation of the Sixth Amendment for a juror to sit on a jury when that juror was not actually selected to be on the jury du…
21-6649 Paul J. Hultman v. Daniel Paramo, Warden Ninth Circuit 2021-12-17 Denied Response WaivedIFP due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment Were the Sixth and Fourteenth Amendments violated when a juror admitted viewing unadmitted evidence during deliberations and stated that her verdict w…
21-6259 Shelly Margaret Arndt v. Deborah Jo Wofford, Superintendent, Washington Corrections Center for Women Ninth Circuit 2021-11-12 Denied Response WaivedIFP circuit-split constitutional-provisions discretionary-power due-process internet-research judicial-discretion juror-misconduct prejudicial-error remmer statutory-provisions verdict-integrity Whether a lower court can rule that a verdict was not affected by juror misconduct when the exact websites and content viewed by the juror are unknown…
21-6159 Michael Skinner v. Florida Florida 2021-11-02 Denied Response WaivedRelisted (2)IFP evidentiary-hearing fair-trial guilty-verdict impartial-jury juror-misconduct sixth-amendment sixth-amendment-violation Whether the Sixth Amendment right to a fair trial before an impartial jury would require an evidentiary hearing, following the disposition of a trial …
21-581 Allen H. Loughry, II v. United States Fourth Circuit 2021-10-20 Denied criminal-procedure extrajudicial-communication juror-contact juror-misconduct presumptive-prejudice remmer-hearing sixth-amendment social-media social-media-evidence trial-integrity Whether circumstantial evidence of extrajudicial social-media contact with a juror about the case can be enough to entitle a criminal defendant to a R…
20-7930 Oscar Smith v. Tennessee Tennessee 2021-05-05 Denied IFP death-penalty death-sentence due-process fair-trial fundamental-rights juror-bias juror-misconduct procedural-rules state-court-proceedings Whether a state court violates the federal due process rights of a death-sentenced prisoner who has asserted a colorable claim of juror bias and/or mi…
20-7614 Gerald Von Tobel v. Tim Garrett, Warden, et al. Ninth Circuit 2021-03-31 Denied Response WaivedIFP 28-usc-2254(d)(1) criminal-trial federal-review habeas-corpus juror-misconduct mattox-remmer-test mattox-v-united-states presumption-of-prejudice remmer-v-united-states state-court-procedure Whether the Nevada state court's juror misconduct formulation, which conditions relief on juror misconduct being egregious to trigger the presumption …
20-7579 Donald Phillips v. Texas Texas 2021-03-29 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the jurors w…
20-7031 Jose Diaz, aka Cano v. United States Second Circuit 2021-02-03 Denied Response WaivedIFP constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure Should a trial court conduct an inquiry when it learns that jurors have disregarded instructions and discussed the case outside the presence of other …
20-5737 Jesse Lewis v. United States Eleventh Circuit 2020-09-17 Denied Response WaivedIFP criminal-procedure criminal-trial due-process juror-misconduct jury-impartiality jury-selection religious-bias sex-trafficking sixth-amendment Whether the presence of a juror with religious bias violated the defendant's Sixth Amendment right to an impartial jury
20-5613 Keith Bernard Smith v. Noah Nagy, Warden Sixth Circuit 2020-09-09 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness Whether the trial court interfered with the petitioner's state and federal constitutional rights to a fair jury trial by refusing to hold an evidentia…
19-1307 Edward Thomas, Warden v. William Leroy Barnes Fourth Circuit 2020-05-20 Denied actual-prejudice brecht-v-abrahamson criminal-conviction criminal-procedure due-process federal-habeas-review fourth-circuit habeas-corpus juror-misconduct jury jury-contact precedent-interpretation substantial-effect Did the Fourth Circuit misapply this Court's precedents by granting habeas relief where there was no evidence that a juror's contact with a third part…
19-8233 Reynaldo Alberto Cantu v. Texas Texas 2020-04-09 Denied IFP bias constitutional-rights due-process fair-trial impartial-jury judicial-bias juror-misconduct remand trial-procedure Whether the Texas High Court erred in denying Petitioner the right to a fair and impartial trial by failing to remand the case back to the trial court…
19-8009 Hooman Ashkan Panah v. Ron Broomfield, Acting Warden Ninth Circuit 2020-03-17 Denied Amici (1)IFP civil-rights criminal-procedure death-penalty due-process evidence-review habeas-corpus ineffective-assistance-of-counsel judicial-procedure juror-contact juror-misconduct remmer sixth-amendment third-party-influence Does the Ninth Circuit's conclusion—that the state court's dismissal of this claim without a hearing was reasonable—conflict with this Court's decisio…
19-7451 David Keith Rogers v. California California 2020-01-30 Denied IFP 6th-amendment constitutional-hearing constitutional-rights court-discretion discretion due-process evidentiary-hearing fair-trial hearing judicial-procedure juror-misconduct legal-review When a court is presented with admissions of clear juror misconduct is it constitutionally compelled to conduct a hearing to determine the extent and …
19-472 City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. Ohio 2019-10-10 Denied Response Waived abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial
19-5493 David Ray Taylor v. Oregon Oregon 2019-08-07 Denied IFP 8th-amendment death-penalty due-process eighth-amendment execution-moratorium extrajudicial-information juror-misconduct jury-instructions moratorium standing state-action voir-dire Whether a trial court may impose a death sentence during a statewide moratorium on executions
19-5177 James Alvin Chaney v. United States Sixth Circuit 2019-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court…
18-9665 Alejandro Hernandez-Delgado v. California California 2019-06-13 Denied Response RequestedRelisted (2)IFP criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac…
18-6819 Keith Tharpe v. Benjamin Ford, Warden Eleventh Circuit 2018-11-26 Denied Amici (1)Relisted (2)IFP certificate-of-appealability collateral-review death-penalty due-process equal-protection habeas-corpus juror-misconduct jury-selection pena-rodriguez racial-bias racial-bias-in-jury retroactivity Whether a juror's racial bias affected a death sentence
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6351 Raymond Baker v. United States Second Circuit 2018-10-16 Denied Response WaivedIFP accomplice-testimony corroboration corroboration-of-accomplice-testimony due-process due-process-rights fair-trial impartial-jury juror-misconduct jury-misconduct post-verdict post-verdict-inquiry Whether a district court must permit inquiry into alleged juror misconduct
18-5933 Mary Wilkerson v. United States Eleventh Circuit 2018-09-11 Denied Response WaivedRelisted (2)IFP brady-doctrine brady-v-maryland due-process exculpatory-evidence federal-rules-of-evidence juror-dishonesty juror-misconduct kyles-v-whitley materiality post-trial-evidence prosecutorial-misconduct rule-of-evidence Whether, under Brady v. Maryland and Kyles v. Whitley, the courts may consider information that arises after trial in determining the materiality of s…
18-143 Sandra Lee Bart v. United States Eighth Circuit 2018-07-31 Denied Response WaivedRelisted (2) appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence Did the Eighth Circuit fail to follow its own precedent and rule contrary to other Appellate Circuits and the United States Supreme Court when it appr…
18-53 Lance Dillard, aka Double v. United States Seventh Circuit 2018-07-10 Denied Response Waived constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment fair-trial