No. 25-6812

Himen Ross v. United States

Lower Court: Second Circuit
Docketed: 2026-02-13
Status: Pending
Type: IFP
Response WaivedIFP
Tags: constitutional-fairness criminal-trial district-court-discretion gang-evidence jury-prejudice mistrial-motion
Latest Conference: N/A
Related Cases: 25-969 (Vide)
Question Presented (from Petition)

1. Whether the district court abused its discretion by allowing the government to introduce highly prejudicial evidence and argument linking Ross to a violent criminal gang, even though this evidence was wholly unnecessary to the government's proof to the jury, and served no purpose other than to prejudice Ross in the eyes of the jury.

2. Whether, by failing to grant Ross's motion for a mistrial based on the prejudicial use of "gang"-related language by not only the government and but also by Ross's co-defendant on cross-examination, the district court abused its discretion.

3. Whether the district court further exacerbated the prejudice by inappropriately empaneling an anonymous and partially sequestered jury. Such an action not at all subtly communicated to the jurors that there were dangers against which they were being "protected" by the court, based of the characteristics and history of the defendants. What those dangers were came into high relief as the government (and the co-defendant) repeatedly hammered the jury with increasingly outrageous – but in no way relevant or necessary – details about Ross's affiliation with an extremely ruthless and violent gang.

Question Presented (AI Summary)

Whether the district court abused its discretion by allowing prejudicial gang-related evidence and failing to grant a mistrial, thereby violating the defendant's right to a fair trial

Docket Entries

2026-02-20
Waiver of United States of right to respond submitted.
2026-02-20
Waiver of right of respondent United States to respond filed.
2026-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)

Attorneys

Himen Ross
Lawrence D. GerzogThe Fast Law Firm, P.C., Petitioner
United States
D. John SauerSolicitor General, Respondent