No. 18-5657
Terence Passmore v. Dan O'Fallon, et al.
Response WaivedIFP
Tags: criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment sixth-amendment-right-to-fair-trial
Latest Conference:
2018-10-05
Question Presented (from Petition)
Whether the presence of a juror who has expressed a belief that the petitioner is guilty rendered his trial unfair and in violation of the Sixth Amendment.
Whether trial counsel were ineffective when they failed to strike Juror Jimison after they were informed that a juror expressed belief that the petitioner was guilty prior to his trial.
Question Presented (AI Summary)
Whether the presence of a juror who has expressed a belief that the petitioner is guilty rendered his trial unfair and in violation of the Sixth Amendment
Docket Entries
2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondents Dan O'Fallon, et al. to respond filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2018)
Attorneys
Dan O'Fallon, et al.
Tammy Ann Hinderman — State of Montana Department of Justice, Respondent
Terence Passmore
David Foster Ness — Attorney at Law, Petitioner