No. 18-9272

Loren J. Larson, Jr. v. Nancy Dahlstrom, Commissioner, Alaska Department of Corrections

Lower Court: Alaska
Docketed: 2019-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process equal-protection jurisdiction juror-bias jury-bias no-impeachment-rule right-to-remain-silent sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Does the Equal Protection clause of the Fourteenth Amendment require courts to apply a Sixth Amendment constitutional exception to a no-impeachment rule for clear statements of juror bias which are not grounded in claims of racial bias?

If so, would a juror's clear statements that they intended to use a defendant's right to remain silent at trial as evidence of the defendant's guilt, despite a jury instruction explaining that such silence cannot be used as evidence of guilt, be the type of bias that would call for a constitutional exception, as the bias would circumvent the requirement that the government prove a defendant guilty beyond a reasonable doubt?

And, does a failure to provide a defendant with an unbiased jury panel deprive a court of jurisdiction to enter a criminal judgment?

Question Presented (AI Summary)

Does the Equal Protection clause of the Fourteenth Amendment require courts to apply a Sixth Amendment constitutional exception to a no-impeachment rule for clear statements of juror bias which are not grounded in claims of racial bias?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-24
Waiver of right of respondents Nancy Dahlstrom, et al. to respond filed.
2019-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2019)

Attorneys

Loren Larson
Loren J. Larson Jr. — Petitioner
Nancy Dahlstrom, et al.
Nancy Robin SimelOffice of Criminal Appeals, Respondent