No. 20-7661

Rodney Russell v. United States

Lower Court: First Circuit
Docketed: 2021-04-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review due-process ex-parte-communication juror-bias juror-dishonesty jury-selection motive structural-error
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-04-30
Related Cases: 20-1256 (Vide)
Question Presented (from Petition)

I. Whether it viola ted due proc ess for the distric t court to a ppoint the
Federal Defender not only to re present a juror for whom a legitim ate
claim of bia s had been assessed, but a lso to inform that juror of the
legitimacy of tha t claim of bia s ex parte, as well as for the distric t
court, pre -hearing, to a bnegate responsibility to ask tha t same juror
questions during a n evidentiary hearing whe n the distric t court during
that hearing ide ntifie d deficits in inform ation from that juror.

II. Whether a claim of struc tural error of the depriva tion of the right to
trial by an impartial jury is appropria tely reviewed on a ppeal using a n
"abuse of disc retion" standard.

III. Whether a criminal defendant seeking to win a new tria l must prove
that a prospe ctive juror posse ssed a biased motive on a claim of juror
dishone sty in the jury selection proc ess.

Question Presented (AI Summary)

Whether the district court violated due process by appointing the Federal Defender to represent a juror and inform the juror of the legitimacy of the bias claim ex parte, and by failing to ask the juror questions during the evidentiary hearing

Docket Entries

2021-05-03
Petition DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-04-09
Waiver of right of respondent United States to respond filed.
2021-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2021)

Attorneys

Rodney Russell
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent