No. 21-6083

James Osgood v. Alabama

Lower Court: Alabama
Docketed: 2021-10-26
Status: Denied
Type: IFP
IFP
Tags: capital-punishment credibility-determinations death-penalty juror-challenge jury-selection sentencing-determination sixth-amendment trial-court witherspoon-v-illinois
Key Terms:
DueProcess Punishment
Latest Conference: 2022-01-07
Question Presented (from Petition)

Can a reviewing court, consistent with the Sixth Amendment, uphold a challenge for cause in a capital case on the basis of a potential juror's personal discomfort with the death penalty where that potential juror explicitly confirmed that she would follow the trial court's instructions and make a sentencing determination based on the law?

Question Presented (AI Summary)

Can a reviewing court, consistent with the Sixth Amendment, uphold a challenge for cause in a capital case on the basis of a potential juror's personal discomfort with the death penalty where that potential juror explicitly confirmed that she would follow the trial court's instructions and make a sentencing determination based on the law?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-11-23
Brief of respondent Alabama in opposition filed.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

James Osgood
Alison Nicole Mollman — Petitioner
State of Alabama
Richard Dearman AndersonOffice of the Attorney General, State of Alabama, Respondent