Shane K. Floyd v. United States
Implicit bias threatens the very foundation of the criminal justice system. Wasn't the judicial system built on fairness; the right to a fair trial; the right to a trial of one's peers; the right to be assumed innocent until proven guilty? It appears the majority decision in the U.S. Court of Appeals, Sixth Circuit, overlooked the far reaching impact of these biases and, more Importantly: th.e devastating impact they played in the petitioner's trial.
It is for this sound,reason in isolation the petitioner appears before .this Court, the one tribunal vested with the judicial power of the United States, noting with certitude adequate relief cannot be obtained in any other form or from any other court on the subject matter heretofore. It's in the spirit of this understanding that the petitioner profounds these two questions, both with direct constitutional implications.
Whether, in fairness to judicial proceedings, can racial bias infect a jury's deliberations and decisions with the slightest dubiety that a discriminatory action tainted the outcome of a trial by way of the validity of the jury verdict
It appears the U.S. Court of Appeals, Sixth Circuit, has interpreted important facts with federal law that calls for an exercise of this Court's supervisory power. With that, the petitioner proceeds in presentment of his second question.
Whether the form of expression from an appellate court in denial of a defendant's first appeal, which openly solidifies both prongs, of the Strickland Standard (performance and, prejudice), proving legal counsel of record provided substandard assistance, affirm the defendant's constitutional rights were violated by way of the Sixth Amendment?
Whether racial bias can infect a jury's deliberations and decisions, violating the right to a fair trial