No. 21-6772

Jerry Lee Canfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-01-06
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: civil-rights constitutional-error due-process harmless-error jury-bias jury-impartiality jury-selection structural-error voir-dire
Latest Conference: 2022-06-02 (distributed 2 times)
Question Presented (from Petition)

QUESTION NUMBER ONE:
The Fifth Circuit has announced a newly created rule under the principle of
"interpretati logica," and dclared: "Once a panelist in voir dire selection
verbally expresses an actual bias, that Panelist will be rehabilitated as long
as he or she remains silent for the remainer of jury selection."See Canfield
v. Lumpkin , 998 F.3d 242 (5th Cir. 2021). Therefore, should this Honorable
Supreme Court overrule the newly declared rule as being contrary to the found
ing Constitution and the many precedents set by this Supreme Court in Duncan
v. Louisiana , Irvin v. Dowd , and Patton v. Yount ?

QUESTION NUMBER TWO:
Because Counsel allowed an actually biased panelist to be seated as a juror,
is Justice Willett's decision contrary to Strickland for holding prejudice is
not automatic requiring a new trial under Weaver , and that Petitioner failed to
prove prejudice necessitating a new trial? see Canfield v. Lumpkin , 998 F.3d
242 (5th Cir. 2021).

QUESTION NUMBER THREE:
Being that an impartial jury trial is the cornerstone of our American
Justice System, when a panelist verbally declares to vote to convict even if
the prosecution failed to prove guilt beyond a reasonable doubt, and announcing
her impairment to perform her duties as a juror in accordance with her instruc-
tionsandoath. Is the seating of an actually bias juror to determine guilt-inno
cence and punishment a structural error? If so., should this Honorable Court
explicitly announce that the seating of a bias juror is a structural error,
that cannot be considered harmless?

Question Presented (AI Summary)

Whether the Fifth Circuit's newly created rule under the principle of 'interpretati logica' allowing rehabilitation of a biased juror is contrary to the Constitution and Supreme Court precedents

Docket Entries

2022-08-01
Rehearing DENIED.
2022-07-07
DISTRIBUTED.
2022-06-29
Petition for Rehearing filed.
2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
Reply of petitioner Jerry L. Canfield filed. (Distributed)
2022-04-29
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2022-03-24
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2022.
2022-03-22
Motion to extend the time to file a response from March 30, 2022 to April 29, 2022, submitted to The Clerk.
2022-02-28
Response Requested. (Due March 30, 2022)
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-01-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2022)
2021-09-29
Application (21A47) granted by Justice Alito extending the time to file until January 3, 2022.
2021-09-21
Application (21A47) to extend the time to file a petition for a writ of certiorari from November 4, 2021 to January 3, 2022, submitted to Justice Alito.

Attorneys

Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Jessica Michelle ManojlovichOffice of the Attorney General, Respondent
Ken PaxtonAttorney General of Texas, Respondent
Jerry L. Canfield
Jerry Lee Canfield — Petitioner