No. 22-7374

Earl McCoy v. United States

Lower Court: Second Circuit
Docketed: 2023-04-26
Status: Denied
Type: IFP
IFP
Tags: court-of-appeals due-process false-statements juror-bias jury-selection mcdonongh-test mcdonough-standard new-trial sixth-amendment voir-dire
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-09-26
Related Cases: 23-5012 (Vide)
Question Presented (from Petition)

1. Whether the Court of Appeals misapplied this Court's holding in McDonough in finding that juror J.B. was an unbiased juror.

2. Whether the Court of Appeals erred in holding that juror J.B. was not presumptively biased where he made multiple false statements during voir dire and at a subsequent hearing and admitted to lying during voir to concealing his felony convictions.

3. 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.

4. Whether the multiple interpretations of McDonough's two prong test requires this Court to grant certiorari to provide clarity and avoid disparate results in cases throughout the circuits.

Question Presented (AI Summary)

whether-the-court-of-appeals-misapplied-mcdonongh

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-09
Reply of petitioner Earl McCoy filed. (Distributed)
2023-07-25
Brief of respondent United States in opposition filed.
2023-06-21
Motion to extend the time to file a response is granted and the time is further extended to and including July 26, 2023.
2023-06-20
Motion to extend the time to file a response from June 26, 2023 to July 26, 2023, submitted to The Clerk.
2023-05-22
Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2023.
2023-05-19
Motion to extend the time to file a response from May 26, 2023 to June 26, 2023, submitted to The Clerk.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2023)

Attorneys

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