No. 18-9738
Francisco Gonzalez Jose v. United States
Response WaivedIFP
Tags: alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo
Latest Conference:
2019-10-01
Question Presented (from Petition)
When a juror cannot continue deliberations and an alternate juror is empaneled, Fed. R. Crim. P. 24(c)(3) dictates proceedings to follow. Does the Third Circuit's decision in United States v. Sotelo, 707 F. App'x 77 (3d Cir. 2017) conflict with Fed. R. Crim. P. 24(c)(3), in that it does not required that the juror be instructed that he/she must start deliberations a new as Rule 24(c)(3) requires.
Question Presented (AI Summary)
When a juror cannot continue deliberations and an alternate juror is empaneled, does the Third Circuit's decision in United States v. Sotelo conflict with Fed. R. Crim. P. 24(c)(3)
Docket Entries
2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Waiver of right of respondent United States to respond filed.
2019-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)
Attorneys
Francisco Jose
Francisco Gonzalez Jose — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent