No. 20-8126

Charles Wesley Kincheloe v. Oregon

Lower Court: Oregon
Docketed: 2021-05-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-06-17
Question Presented (from Petition)

Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jury in a criminal case that the jury can return a nonunanimous guilty verdict?

Question Presented (AI Summary)

Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jury in a criminal case that the jury can return a nonunanimous guilty verdict?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-05-28
Waiver of right of respondent State of Oregon to respond filed.
Main Document
2021-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Charles Kincheloe
Joshua Bjornn Crowther — Oregon Office of Public Defense Services, Petitioner
State of Oregon
Benjamin Noah Gutman — Oregon Department of Justice, Respondent