trial-rights

68 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5836 James Shelly Taylor v. Texas Texas 2025-10-08 Denied IFP constitutional-interpretation due-process judicial-review legal-precedent statutory-provisions trial-rights Question not identified.
25-5199 Burk N. Ashford v. Court of Appeal of California, Fourth Appellate District, Division One, et al. California 2025-07-25 Denied Relisted (2)IFP civil-procedure court-reporter-transcript due-process indigent-plaintiffs transcript-entitlement trial-rights Do Civil Case indigent Plaintiffs have the same right to a Trial Court Reporter Transcript as do indigent incarcerated Defendants?
24-7175 In Re Kevin Ogden 2025-05-12 Denied IFP appellate-review due-process jurisdiction legal-standard self-representation trial-rights Whether the Supreme Court of New Mexico lacks jurisdiction to rule on the petitioner's case prior to trial and applied the wrong legal standard when d…
24-7018 Roderick King v. United States Third Circuit 2025-04-17 Denied Response WaivedIFP criminal-procedure due-process evidence-rules rule-16 sixth-amendment trial-rights Whether the government violated petitioner's due process rights through multiple procedural irregularities in a criminal investigation and trial
24-1082 Aghee William Smith, II v. United States Fourth Circuit 2025-04-16 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-law criminal-procedure due-process trial-rights witness-unavailability Whether a living witness can be deemed 'unavailable' under the Confrontation Clause if the government has made no effort to compel the witness to appe…
24-6908 Harry Lee Goldsboro, II v. Florida Florida 2025-04-01 Denied IFP criminal-procedure due-process jurisdictional-challenge speedy-trial trial-rights warrant-service Does a non-capias warrant issued by a court lacking jurisdiction toll the 175-day speedy trial period when the defendant is located in another jurisdi…
24-6654 Willie Alsha Hill v. United States Ninth Circuit 2025-02-26 Denied Response WaivedIFP appellate-review criminal-procedure indictment jury-instruction multiple-conspiracies trial-rights Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone
24-6349 Joshua Wiley Mitchell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-01-21 Denied IFP competency-determination criminal-procedure due-process psychiatric-evaluation statutory-procedure trial-rights Was the trial court required to follow state statutory procedures for competency determination and does denial of a psychiatric evaluation constitute …
24-6335 Marcrease Delance Farmer v. United States Eighth Circuit 2025-01-17 Denied Response WaivedRelisted (2)IFP constitutional-ineffective-assistance criminal-procedure due-process fundamental-fairness impartial-jury trial-rights Whether counsel was constitutionally ineffective for failing to investigate information regarding an altercation and whether the district court's deci…
24-5931 Terrell Dashaun Wesley v. Tyrone Baker, Warden Seventh Circuit 2024-11-07 Denied Response WaivedIFP bench-trial closing-arguments herring-error judicial-procedure trial-rights verdict-timing Whether a reversible Herring error occurs when a trial judge permits closing arguments only after announcing a verdict
24-5635 Kim Bowers v. Payson City, Utah Utah 2024-09-25 Denied Relisted (2)IFP confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights Whether a criminal defendant's right to be physically present during trial can be abridged when the defendant is absent voluntarily after the trial ha…
24-5435 Orlando Sanchez v. Fidencio N. Guzman, Warden Ninth Circuit 2024-09-03 Denied IFP appellate-procedure constitutional-law criminal-procedure due-process judicial-review trial-rights Question not identified.
24-5284 Roy E. Terrell v. Florida Florida 2024-08-08 Denied Response WaivedIFP criminal-procedure due-process jury-composition sixth-amendment statutory-amendment trial-rights Whether the trial court erred in instructing the jury on elements of crimes defined by a post-offense statute amendment and whether the defendant was …
23-7343 Dalevonte D. Hearn v. Illinois Illinois 2024-04-30 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights Can an American citizen be punished for exercising the right to a jury trial?
23-7154 Robert M. Greene v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2024-04-05 Denied IFP article-i-section-9 constitutional-violation due-process equal-protection habeas-corpus speedy-trial state-suspension suspension trial-rights Whether Florida's suspension of the privilege of the writ of habeas corpus violates Article I, Section 9 of the United States Constitution
23-7008 Lawrence Martin v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2024-03-18 Denied Response WaivedIFP 6th-amendment brady-violation civil-rights criminal-procedure due-process exculpatory-evidence federal-court new-trial relief trial-rights Was Martin entitled to production of documents, did a Brady violation occur when favorable material evidence was withheld/discarded, was Martin entitl…
23A800 Towaki Komatsu v. City of New York, New York, et al. Second Circuit 2024-02-29 Presumed Complete court-proceedings due-process judicial-fairness judicial-integrity trial-publicity trial-rights Whether pretrial publicity can constitute grounds for a new trial when it potentially compromises the fundamental fairness of judicial proceedings
23-6806 Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-02-22 Denied IFP criminal-justice criminal-procedure due-process jury jury-impartiality justice-system obstruction-of-justice penal-code pre-trial trial-rights When does Penal Code 21.02 adulterate the justice system, obstructing due process, pre-trial and an impartial jury?
23-886 Carlos Guardado v. Massachusetts Massachusetts 2024-02-16 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights Whether there is an exception to the Burks v. United States holding that the Double Jeopardy Clause forbids a second trial to allow the prosecution to…
23-6701 Luis Raul Vicente Fonseca v. United States Eleventh Circuit 2024-02-08 Denied Response WaivedIFP civil-procedure constitutional-provisions constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial standing statement-of-the-case statutory-provisions trial-rights Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions
23-5711 Mitchell D. Green v. Wisconsin Wisconsin 2023-10-04 Denied Response RequestedResponse WaivedRelisted (2)IFP admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights Whether the Double Jeopardy Clause permits a defendant to be retried after a mistrial was declared due to the jury hearing admissible evidence
23-5465 Steven Justin Villalona v. Warden, Oakdale FCI, 1, et al. Eleventh Circuit 2023-08-29 Denied Response WaivedIFP article-iii-c constitutional-rights criminal-procedure due-process interstate-agreement-on-detainers judicial-remedy notice-requirement remedy speedy-trial trial-rights Whether a violation of the notice requirement under Article III(c) of the Interstate Agreement on Detainers Act (IAD) may amount to a Due Process Viol…
22-7600 Randall Cooper, Jr., aka Randall Cooper, aka Randall Carl Cooper, Jr., aka Randall C. Cooper, Jr., aka Randall Carl Cooper v. Mississippi Mississippi 2023-05-19 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-procedure due-process evidentiary-hearing newly-discovered-evidence trial-rights Whether newly discovered evidence warrants a new trial
22-6858 In Re Zumar H. Dubose 2023-02-24 Denied IFP constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by 10 or m…
22-6864 In Re Abdush S. DuBose 2023-02-24 Denied IFP civil-procedure constitutional-procedure criminal-defendant due-process grand-jury indictment judicial-discretion jurisdiction jury-selection standing trial-rights Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by a grand…
22-6833 James Floyd v. Texas Texas 2023-02-22 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on an independent ground?
22-6084 Jerry Bonton v. David R. Harris, Superintendent, Green Haven Correctional Facility Second Circuit 2022-11-16 Denied Response WaivedIFP appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech medical-privacy mental-health-history standing trial-rights Whether the United States Court of Appeals for the Fifth Circuit erred in affirming the district court's dismissal of petitioner's claims alleging vio…
22-6009 David Matthew Carter v. South Carolina South Carolina 2022-11-07 Denied IFP civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony Sixth-Amendment-right-to-be-present
22-5818 In Re Errol Victor, Sr. 2022-10-12 Denied IFP civil-rights constitutional-privileges criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus jury-selection racial-discrimination speedy-trial trial-rights Whether the Louisiana Supreme Court violated the Fourteenth Amendment's Due Process and Equal Protection Clauses by denying petitioner's request for a…
22-5564 Michael Muthee Munywe v. Washington Washington 2022-09-14 Denied IFP 4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process jury-interrogation miranda-rights sixth-amendment trial-rights Question not identified
21-8138 Lawrence J. Gerrans v. United States Ninth Circuit 2022-06-14 Denied Response WaivedIFP civil-rights criminal-procedure first-amendment free-exercise religious-rights sixth-amendment structural-error trial-rights May a district court prohibit a defendant from possessing and consulting a Bible during a criminal trial?
21-7931 John Bailey v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2022-05-20 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process habeas-corpus judicial-review prolonged-detention sentencing standing trial-rights Whether Tre ond or mOpeeals OMornens Can on there on waive Structreal deCect as relates te Wrased, pre yudical vinackhve judoye and in the Course of d…
21-1226 Michael Washington v. Florida Department of Transportation Florida 2022-03-09 Denied Response Waived appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or ne…
21-7235 Wesley S. Ricks v. Tim Hooper, Warden Fifth Circuit 2022-03-01 Denied Response WaivedIFP capital-offense capital-offenses criminal-procedure due-process joinder-of-offenses non-capital-offenses procedural-safeguards state-constitution trial-rights Whether Capital and NonCapital Offenses may be Joinder of Offenses for Trial?
21-5851 Daniel Bryan Kelly, Jr. v. California California 2021-10-04 Denied IFP child-witness confrontation-clause criminal-procedure due-process evidence fair-trial gang-related-crime ineffective-counsel trial-rights witness Why wasn't I allowed to face my accuser and cross-examine at trial?
21-5684 Zaire Paige v. Stewart Eckert, Superintendent, Wende Correctional Facility, et al. Second Circuit 2021-09-15 Denied Response WaivedIFP constitutional-confrontation constitutional-rights courtroom-presence criminal-procedure due-process habeas-corpus illinois-v-allen judicial-discretion second-circuit trial-rights Whether petitioner was denied his constitutional right to be present at his trial
21-5529 Amando Martinez Montealvo v. Iowa Iowa 2021-08-30 Denied Response WaivedIFP criminal-procedure juror-bias new-trial presumed-bias sex-abuse trial-rights voir-dire Does the presumed bias doctrine require a new trial when a juror who was a victim of sex abuse lies during voir dire to serve in a criminal sex abuse …
20-8344 Harry Sharod James v. Tom Brickhouse, et al. Fourth Circuit 2021-06-17 Denied IFP criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights Does the Due Process Clause require any charging element being in the indictment and presented to a Grand Jury?
20-8040 Michael N. Kelsey v. New York New York 2021-05-17 Denied Response WaivedIFP civil-rights constitutional-rights due-process ineffective-counsel judicial-neutrality plea-bargaining procedural-default sentencing trial-rights Are New York's procedural rules insufficiently hospitable to constitutional claims?
20-6986 Lorenzo Escudero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-28 Denied IFP civil-rights constitutional-rights due-process equal-protection fundamental-rights habeas-corpus legal-sufficiency sentencing trial-by-jury trial-rights Whether the petitioner's constitutional rights were violated through deprivations of due process, trial by jury, equal protection, and other fundament…
20-6679 Larry Dortley v. Florida Florida 2020-12-21 Denied Response RequestedResponse WaivedRelisted (3)IFP civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, and the United S…
20-6217 Adrian Rangel v. Steven P. Meyer, et al. Seventh Circuit 2020-11-06 Dismissed Response WaivedIFP appeals civil-procedure civil-rights court-jurisdiction due-process federal-appeals federal-courts judicial-review legal-procedure state-courts trial-rights Did Petitioner Adrian Rangel receive meaningful due process?
20-5623 Maksim Stefanyuk v. United States Eighth Circuit 2020-09-09 Denied Response WaivedRelisted (2)IFP brady-rule criminal-procedure due-process evidence evidence-destruction exculpatory-evidence government-misconduct spoliation trial-rights When a defendant's requested exculpatory evidence is destroyed by the government prior to trial, should the trial proceed?
20-5619 James Allen Minyard v. North Carolina North Carolina 2020-09-08 Denied Response RequestedResponse WaivedRelisted (2)IFP competency-hearing due-process fair-trial fourteenth-amendment harmless-error prejudice structural-error trial-rights Whether the trial court violated the petitioner's due process right to a fair trial by failing to hold a competency hearing despite a bona fide doubt …
19-8883 Nathan E. Gundy v. United States Eleventh Circuit 2020-07-02 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights Whether the 8th Amendment of the United States Constitution bars are guaranteed to a fair trial in all criminal prosecutions or just when a judge deem…
19-1068 Keith Inchierchiere v. Florida Department of Corrections, et al. Eleventh Circuit 2020-02-28 Denied Response Waived attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving…
19-7603 Mark D. Jensen v. William Pollard Seventh Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause confrontation-right constitutional-error constitutional-violation criminal-procedure double-jeopardy due-process habeas-corpus judicial-remedy retrial trial-rights Whether the State may refuse to retry a successful habeas petitioner who has established a constitutional trial error by simply initiating proceedings…
19-992 Greg Skipper, Warden v. Curtis Jerome Byrd Sixth Circuit 2020-02-07 Denied Amici (1) constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made?
19-7238 Jerry Reginald Burkes v. Tennessee Tennessee 2020-01-10 Denied Response WaivedIFP criminal-procedure dismissal due-process harmless-error harmless-error-analysis indictment-dismissal mandatory-language money-laundering speedy-trial speedy-trial-act statutory-interpretation tennessee-local-rule-10.03 tennessee-rules-of-criminal-procedure tennessee-rules-of-evidence trial-rights Whether the trial court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70-day time limit is subject to harmle…
19-6964 David Russell Posey v. Scott Middlebrooks, Warden, et al. Eleventh Circuit 2019-12-17 Denied Response WaivedIFP brady-violation civil-procedure civil-rights constitutional-challenge criminal-procedure due-process evidence-sufficiency ineffective-assistance-of-counsel kidnapping-statute standing trial-rights Issue being raised
19-6717 Jess Lee Green v. Mississippi Mississippi 2019-11-22 Denied Response WaivedIFP constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights Is the right to due process of trial and/or during guilty plea process a fundamental constitutional right?
19-6729 Cedric Gray v. United States Eleventh Circuit 2019-11-22 Denied Response WaivedIFP 5th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance-of-counsel judicial-discretion legal-standard mental-competency miranda-rights procedural-error sentencing suppression-hearing trial-rights Can my motion to suppress be denied even after I invoked my right to remain silent?
19-6377 Jerome Gaskin v. United States Sixth Circuit 2019-10-24 Denied Response WaivedIFP consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights Does a defendant's right to the effective assistance of counsel during plea bargaining include being accurately advised by counsel of the potential fo…
19-6169 In Re Anthony Brawner 2019-10-04 Denied Response WaivedIFP civil-rights criminal-procedure due-process federalism jurisdiction mandamus maryland-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights venue Does the District of Columbia superior court have subject matter jurisdiction over crimes that happen in the State of Maryland?
19-230 Douglas Prade v. Ohio Ohio 2019-08-21 Denied burden-of-proof criminal-procedure due-process federal-criminal-procedure fourteenth-amendment newly-discovered-evidence state-courts state-criminal-procedure trial-rights Does Ohio's uniquely elevated burden of proof for new trials based on newly discovered evidence violate the Fourteenth Amendment's Due Process Clause?
19-189 Miles Christian-Hart v. Wells Fargo Bank, N.A. Florida 2019-08-13 Denied civil-procedure civil-rights due-process evidence-tampering foreclosure foreclosure-fraud fraud judicial-procedure mortgage-litigation standing summary-judgment trial-rights Whether due process can abide a system in which one level of due process is accorded the bank and another level of due process is accorded the borrowe…
18-9630 Michael Mancil Brown v. United States Sixth Circuit 2019-06-11 Denied Response WaivedIFP 6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights Was the Petitioner's 6th Amendment Rights to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu…
18-1439 Shanker Patel v. California California 2019-05-16 Denied Response Waived accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights Whether a trial court violates the jury trial guarantees of the Sixth Amendment and U.S. Const. art. III, § 2, cl. 3 by refusing to grant a defendant'…
18-8568 David Piper v. United States Fifth Circuit 2019-03-26 Denied Response WaivedIFP abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production Whether Petitioner was deprived of compulsory process under the Due Process Clause and Compulsory Process Clause
18-8439 Richard Larry Lacey v. Oregon Oregon 2019-03-18 Denied Response WaivedIFP courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation when the defendant intentionally engages in misconduct …
18-8276 Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-03-06 Denied IFP certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
18-7174 Shawndell Everson v. New York New York 2018-12-27 Denied Response WaivedIFP appeal-denial civil-rights constitutional-rights counsel-of-choice due-process effective-assistance ineffective-counsel public-trial sixth-amendment trial-rights Did the State of New York deny petitioner his civil rights, liberties, and due process of law, guaranteed by the Constitution of the United States, by…
18-6685 Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-15 Denied IFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus miscarriage-of-justice right-to-be-present standing statute-of-limitations trial-in-absentia trial-rights Whether an individual can overcome the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 by showing he w…
18-6682 Roberto Moreno Ramos v. Texas Texas 2018-11-14 Denied Amici (1)IFP collateral-review due-process due-process-rights habeas ineffective-assistance-of-counsel post-conviction-relief state-procedures trial-ineffectiveness trial-rights When a State chooses to create a mechanism for post-conviction relief, what due process is required to afford a habeas applicant an adequate and effec…
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6329 Adan Sandoval Dominguez v. M. Eliot Spearman, Warden Ninth Circuit 2018-10-16 Denied Response WaivedIFP competency competency-standard constitutional-law criminal-procedure due-process factual-understanding judicial-standard major-depressive-disorder mental-competency mental-health rational-understanding standing trial-rights Did defendant meet the competency requirement to stand trial set forth in Godinez v. Moran, 509 U.S. 389 (1993)?
18-6076 Wilton Eugene Sandifer, Sr. v. Florida Florida 2018-09-24 Denied Response WaivedIFP 14th-amendment 4th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-law mandamus standing state-court third-party-guilt trial-rights Whether the petitioner was denied due process and equal protection under the 14th Amendment by the state court's denial of his petition for a writ of …
18-5983 Louis Charlton v. United States Sixth Circuit 2018-09-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process fair-opportunity fair-trial impartial-jury present-defense sixth-amendment trial-by-jury trial-rights Was Petitioner denied the Sixth Amendment guarantee of a trial by an impartial jury when he was not allowed a fair opportunity to present his defense …