No. 19-102

Leroy Baca v. United States

Lower Court: Ninth Circuit
Docketed: 2019-07-22
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 18-usc-1503 consciousness-of-wrongdoing constitutional-rights criminal-intent criminal-willfulness jury-anonymity mens-rea obstruction-of-justice public-trial specific-intent
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

1. Twenty years ago, the First Circuit stated:
"The scienter element in the obstruction statute is the
subject of more confusing case law than can be described in brief compass." United States v. Brady, 168
F.3d 574, 578 (1st Cir. 1999). The same is true today,
and this petition provides an opportunity for this
Court to address the longstanding confusion. The first
question presented is: Whether the term "corruptly" in
18 U.S.C. § 1503 requires the government to prove that
the defendant had a "specific intent to obtain an unlawful advantage," Marinello v. United States, 138
S. Ct. 1101, 1108 (2018), which includes a consciousness of wrongdoing similar to criminal willfulness.

2. Inthe past 40 years, some trial courts have developed a practice of using anonymous juries, prohibiting even the defendant and the attorneys from
learning the jurors' identities. This Court has yet to
consider this departure from the public jury trial tradition, a departure that continues to expand. The second question presented is: Whether a defendant has a
Constitutional, statutory, or common law right to a
public jury in a federal criminal trial, and, if so,
whether publicity can justify a complete deprivation of
that right or instead whether a court must consider
lesser alternatives, including sequestration or limited
disclosure of the jurors' identities to the attorneys so
they may effectively select the jury.

Question Presented (AI Summary)

Whether the term 'corruptly' in 18 U.S.C. § 1503 requires the government to prove that the defendant had a 'specific intent to obtain an unlawful advantage,' which includes a consciousness of wrongdoing similar to criminal willfulness

Docket Entries

2020-01-13
Petition DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-12-16
Reply of petitioner Leroy Baca filed.
2019-12-04
Brief of respondent United States of America in opposition filed.
2019-10-29
Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2019.
2019-10-28
Motion to extend the time to file a response from November 4, 2019 to December 4, 2019, submitted to The Clerk.
2019-09-25
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
2019-09-24
Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
2019-09-04
Response Requested. (Due October 4, 2019)
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-07-26
Waiver of right of respondent United States of America to respond filed.
2019-07-18
Petition for a writ of certiorari filed. (Response due August 21, 2019)

Attorneys

Leroy Baca
Benjamin Lee ColemanColeman & Balogh LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent