No. 19-6190

Jermaine Gerald Cook, et al. v. United States

Lower Court: Ninth Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: batson-challenge batson-v-kentucky equal-protection jury-selection peremptory-challenges peremptory-strikes racial-discrimination racial-quotas sixth-amendment
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

Did the Ninth Circuit's disposition of Petitioners' Batson claim, which minimized the constitutional import of the government prosecutor's offer to empanel an African-American venire member, provided that he could peremptorily strike another African-American venire member, conflict with the Second Circuit's contrary approach in United States v. Nelson, 277 F.3d 164 (2d Cir. 2002), and the Sixth Circuit's in Rice v. White, 660 F.3d 242 (6th Cir. 2011)?

a. Did the Ninth Circuit's disposition, which ostensibly applied a clear-error standard of review to the district court's denial of Petitioners Marcus Foreman's and Terry Carry Hollins's Faretta claims, conflict with every other federal court of appeals that has articulated a standard of review in this context?

b. Did the Ninth Circuit's disposition of Petitioner Wilbert Ross, III's asserted Faretta claim, precluding it categorically because it was time-barred, conflict with the multi-factor balancing tests that the First, Second, Third, Seventh, and Tenth Circuits have adopted?

Did the Ninth Circuit's disposition of Petitioners Foreman's and Hollins's Fourth Amendment claim, arising from state actors' inserting a warrantless recording device in their pretrial detention cell, conflict with the Second Circuit's opinion in United States v. Cohen, 796 F.2d 20 (2d Cir. 1986), which held that Hudson does not apply to pretrial detainees, and state actors to search detainees' cells unless they can identify facility-related reasons for the search?

a. Did the Ninth Circuit's opinion conflict with Apprendi, Sullivan v. Louisiana, 508 U.S. 275 (1993), and their respective progeny by implicitly holding it is consistent with the Sixth Amendment's jury-trial guarantee and the jury's concomitant responsibility to make findings beyond a reasonable doubt - in a multi-defendant conspiracy case to sentence a defendant to life imprisonment under 18 U.S.C. § 1963(a), when the special verdict form did not permit the jury to make findings regarding the specific predicate acts attributable to each defendant?

b. Did the Ninth Circuit's Apprendi-related holding conflict with the Eleventh Circ

Question Presented (AI Summary)

Did the Ninth Circuit's disposition of Petitioners' Batson claim conflict with the Second Circuit and Sixth Circuit?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioners Jermaine Gerald Cook, et al. filed. (Distributed)
2019-12-06
Brief of respondent United States in opposition filed.
2019-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019.
2019-10-31
Motion to extend the time to file a response from November 6, 2019 to December 6, 2019, submitted to The Clerk.
2019-10-07
Motion (19M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2019-09-11
MOTION (19M50) DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Motion (19M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2019-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)

Attorneys

Jermaine Gerald Cook, et al.
David A. SchlesingerJacobs & Schlesinger LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent