No. 21-6490

Earl McCoy v. United States

Lower Court: Second Circuit
Docketed: 2021-12-02
Status: GVR
Type: IFP
Relisted (2)IFP
Tags: appellate-review crime-of-violence fair-trial hobbs-act impartial-jury juror-bias jury-impartiality mcdonough-standard new-trial sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-06-23 (distributed 2 times)
Related Cases: 21-447 (Vide)
Question Presented (from Petition)

Whether the Court of Appeals erred in analyzing the Petitioner's Sixth Amendment right to trial by a fair and impartial jury by only applying the McDonough two prong standard.

Whether a new trial is warranted pursuant to this Court's decision in McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548 (1984), only upon circumstances evidencing intentional juror dishonesty for the purpose of securing a seat on the jury, or, alternatively, whether a new trial is warranted even upon a showing of intentional dishonesty for an alternative purpose or inadvertent juror dishonesty.

Whether McDonough requires a showing of actual juror bias before a new trial may be granted, or alternatively, whether a showing of implied or inferred juror bias is sufficient to demonstrate a valid basis for a challenge for cause to warrant a new trial.

Whether attempted robbery under the Hobbs Act, 18 U.S.C. § 1951, qualifies as a "crime of violence," meaning that it "has as an element the use, attempted use, or threatened use of physical force against the person or property of another" when analyzed under the "categorical" or "elements" analytic.

Question Presented (AI Summary)

Whether the Court of Appeals erred in analyzing the Petitioner's Sixth Amendment right to trial by a fair and impartial jury

Docket Entries

2022-07-29
JUDGMENT ISSUED
2022-06-27
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Taylor</i>, 596 U. S. ___ (2022).
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-02
Memorandum of respondent United States filed.
2021-12-29
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
2021-12-28
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-11-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Earl McCoy
Robert W. Wood — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent