No. 21-7648

Luis Fernando Ceja, aka Chako v. United States

Lower Court: Ninth Circuit
Docketed: 2022-04-19
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver
Key Terms:
Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2022-10-14 (distributed 2 times)
Question Presented (from Petition)

Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writing and accept an oral waiver in lieu of a written waiver.

Assuming arguendo that courts may rely on an oral colloquy, whether the oral colloquy must include — at least in the case of a defendant who is a foreign citizen, does not speak English, and has only a minimal foreign education — advice that the jurors will be drawn from the community and the defendant may participate in their selection.

Question Presented (AI Summary)

Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writing and accept an oral waiver in lieu of a written waiver

Docket Entries

2022-10-17
Petition DENIED.
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2022-09-28
Reply of petitioner Luis Ceja filed. (Distributed)
2022-09-09
Brief of respondent United States in opposition filed.
2022-07-18
Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2022.
2022-07-15
Motion to extend the time to file a response from July 25, 2022 to September 9, 2022, submitted to The Clerk.
2022-06-17
Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022.
2022-06-16
Motion to extend the time to file a response from June 23, 2022 to July 25, 2022, submitted to The Clerk.
2022-05-24
Response Requested. (Due June 23, 2022)
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Waiver of right of respondent United States to respond filed.
2022-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2022)

Attorneys

Luis Ceja
Carlton Frederick Gunn — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent