No. 20-5613

Keith Bernard Smith v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2020-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-10-16
Question Presented (from Petition)

DID THE TRIAL COURT INTERFERE WITH PETITIONER'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS TO A FAIR JURY TRIAL WHEN SHE REFUSED TO HOLD AN EVIDENTIARY HEARING PURSUANT THIS COURT'S RULING IN TANNER v. UNITED STATES, 347 U.S. 721 (1954), WHERE THERE WAS EXTRANEOUS CONTACT WITH A DELIBERATING JUROR, AND WHERE THE COURT, BASED UPON AN INADEQUATE RECORD, ERRONEOUSLY DETERMINED THE CIRCUMSTANCES OF THE CONTACT, THE IMPACT OF THE EXTRANEOUS CONTACT UPON THE JUROR, THE PREJUDICIAL EFFECT OF THE CONTACT UPON THE DEFENDANT, AND ALL INTERESTED PARTIES WERE NOT PERMITTED TO PARTICIPATE?

(2) Did the district court err in failing to support the jury's guilty verdicts and the Michigan Court of Appeals unreasonably applied Jackson v. Virginia, 443 U.S. 307 (1979)?

(3) Was there insufficient evidence to consider the import of the newly discovered evidence which went to support petitioner's claim of actual innocence?

Question Presented (AI Summary)

Whether the trial court interfered with the petitioner's state and federal constitutional rights to a fair jury trial by refusing to hold an evidentiary hearing pursuant to Remmer v. United States, 347 U.S. 227 (1954), where there was extraneous contact with a deliberating juror, and where the court, based on an inadequate record, erroneously determined the circumstances of the contact, the impact on the juror, the prejudicial effect on the defendant, and did not permit all interested parties to participate

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-30
Waiver of right of respondent Noah Nagy, Warden to respond filed.
2020-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2020)

Attorneys

Keith Bernard Smith
Keith Smith — Petitioner
Noah Nagy, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent