No. 21-6468

Joshua Fernandes v. Massachusetts

Lower Court: Massachusetts
Docketed: 2021-12-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: age-discrimination constitutional-rights criminal-procedure due-process equal-protection fair-cross-section jury-selection peremptory-challenge race-neutral-reasons
Latest Conference: 2022-01-07
Question Presented (from Petition)

Whether age should be considered a protected class, and whether the exclusion of all young potential jurors violates the Equal Protection Clause.

Whether — even if age is not considered a protected or suspect class — it violates a young defendant's Equal Protection Rights for the prosecution to challenge all jurors under 25 years of age.

Whether a defendant's right to an impartial jury consisting of a fair cross section of the community is violated where the prosecution systematically excludes all jurors under 25 years of age.

Whether youth is an adequate race-neutral reason to exercise a peremptory challenge where the prosecution excludes the only jurors within the defendant's age and racial group.

Whether a defendant's Due Process rights are violated where the state's highest court defers to a co-defendant's appeal, rather than allowing the defendant to fully adjudicate his claim on the merits of his own appeal.

Question Presented (AI Summary)

Whether age is a protected class and whether excluding young potential jurors violates Equal Protection

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-22
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2021-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Commonwealth of Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Joshua Fernandes
Rosemary Curran ScapicchioLaw Office of Rosemary C. Scapicchio, Petitioner