No. 22-7673

James Michael Wells v. United States

Lower Court: Ninth Circuit
Docketed: 2023-05-31
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment
Latest Conference: 2023-06-22
Question Presented (from Petition)

1. Whether a criminal defendant has a Sixth Amendment right to a public
jury, as opposed to an "anonymous" jury, in a federal criminal trial, and, if so,
whether a trial court can compromise that right without making any findings
whatsoever.

2. Whether the Fifth and Sixth Amendment rights established by Apprendi
v. New Jersey, 530 U.S. 466 (2000) and its progeny apply to a mandatory criminal
restitution order; alternatively, whether a jury trial is required for a mandatory
criminal restitution order under the Seventh Amendment.

Question Presented (AI Summary)

Whether a criminal defendant has a Sixth Amendment right to a public jury

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-06-05
Waiver of right of respondent United States to respond filed.
2023-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 30, 2023)

Attorneys

James Wells
Benjamin Lee ColemanBenjamin L. Coleman Law PC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent