juror-misconduct
45 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24A582 | Stacey Ian Humphreys v. Shawn Emmons, Warden | Eleventh Circuit | 2024-12-13 | Presumed Complete | aedpa cause-and-prejudice circuit-split death-penalty juror-misconduct procedural-default | Question not identified. | |
| 24A279 | John Esposito v. Shawn Emmons, Warden | Georgia | 2024-09-19 | Presumed Complete | death-penalty due-process fair-trial juror-misconduct outside-influences voir-dire | Question not identified. | |
| 24-5100 | Elmer Dean Baker v. Indiana | Indiana | 2024-07-18 | Denied | Response WaivedRelisted (2)IFP | due-process fair-trial Fifth-Amendment-due-process Fourteenth-Amendment-due-process juror-misconduct jury-bias pre-trial-publicity sixth-amendment voir-dire | Questions One Preface: Prior to Petitioner 's trial, defense counsel requested the court to investigate the possibility the jury would be bias becaus… |
| 23-7724 | In Re Shomas T. Winston | 2024-06-14 | Denied | IFP | evidentiary-hearing fair-trial fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire | I. WHETHER A PETITIONER SHOULD BE DENIED AN EVIDENTIARY HEARING TO QUESTION A JUROR WHO FAILED TO DISCLOSE INFORMATION BECAUSE STATE COURTS RULED PETI… | |
| 23-7528 | Aaron Matthew Rentfrow v. United States | Fifth Circuit | 2024-05-21 | Denied | Response WaivedIFP | criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony | The district court erred by failing to grant a mistrial. Error in the following four respects, viewed in aggregate, deprived Mr. Rentfrow of his Sixth… |
| 23-7316 | David James Lack v. Rob Bonta, Attorney General of California | Ninth Circuit | 2024-04-26 | Denied | IFP | case-document civil-rights court-filing due-process judicial-process juror-misconduct jury-selection legal-document new-trial petition prosecutorial-misconduct related-cases | J-UR.PR. VA'.sce>u<WV.* skouli jvroa-. £e.tJe u_?kz> uA>rk«_c[ k<f_5 UJ>/)y '-f > fO ^f,ne0 b«. 46^d -Ho; |. Kift+ cLise.Us«- k ■<£- krxtccj -H\e_ t?i… |
| 23-6472 | Keith L. Allen v. Nebraska | Nebraska | 2024-01-12 | Denied | IFP | constitutional-bar credible-threats impartial-jury juror-misconduct juror-threats no-impeachment-rule sixth-amendment sixth-amendment-violation verdict-influence | Whether a no-impeachment rule constitutionally bars evidence of credible threats of violence against the jurors influencing their verdict offered to p… |
| 23-5714 | Cuhuatemoc Hinricky Peraita v. Alabama | Alabama | 2023-10-04 | Denied | Relisted (2)IFP | appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge | During petitioner's trial for capital murder, the jury foreperson told the other jurors misleading and prejudicial information about petitioner's prio… |
| 23-5648 | Frank Nucera, Jr. v. United States | Third Circuit | 2023-09-26 | Denied | Response WaivedIFP | due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire | 1. Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits which es… |
| 23-5012 | Matthew Nix v. United States | Second Circuit | 2023-07-03 | Denied | Response WaivedIFP | appellate-review circuit-split civil-procedure due-process judicial-interpretation juror-misconduct jury-misconduct jury-selection mcdonnell-test mcdonongh-test supreme-court | 1. Whether the multiple interpretations of McDonough's two prong test requires this Court to grant certiorari to provide clarity and avoid disparate r… |
| 22-6893 | James Alvin Chaney, aka Ace Chaney v. United States | Sixth Circuit | 2023-03-01 | Denied | Response WaivedIFP | burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions | Number 1: In light of United States v. Ruan, were the jury instructions in Chaney incorrect and should Dr. Chaney's conviction be vacated? Number 2: … |
| 22-6753 | Andrew Mark Lamar v. Colorado | Colorado | 2023-02-10 | Denied | IFP | constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment | On direct-collateral review: WHETHER PETITIONER'S RIGHT TO A FAIR AND IMPARTIAL TRIAL WAS VIOLATED DUE TO JUROR MISCONDUCT. U.S. CONST. AMENDS. VI, XI… |
| 22-6728 | John Lezell Balentine v. Texas | Texas | 2023-02-08 | Denied | IFP | given its interweaving with federal law -abuse-of-writ -federal-law -habeas-corpus -post-conviction-relief -state-law-ground #NAME? abuse-of-the-writ capital-case due-process federal-law juror-misconduct racial-prejudice | 1. Whether the CCA's otherwise unexplained ruling that abuse of the writ under Article 11.071, § 5, precluded post-conviction relief is an adequate an… |
| 22-6678 | Cortez Watts v. Mississippi | Mississippi | 2023-02-01 | Denied | Response WaivedIFP | 6th-amendment appellate-review civil-rights constitutional-rights due-process extraneous-evidence impartial-jury juror-misconduct jury-bias jury-selection trial-procedure | proper/*/ applfei) 4^ 44v? 4^*1 Coor4 &0e><^ 4e^i o£ ^ur^/~ M/sCo^uo-f:JU" jCJ 4^6 5oprfiM€ Coe//'"/" <rt oJfyr/vCiAj 4^6 4r&il Coof 4 AdchUo') .4^*4 … |
| 22-6662 | Wesley Ruiz v. Texas | Texas | 2023-01-31 | Denied | IFP | constitutional-rights death-penalty due-process equal-protection juror-misconduct jury-selection racial-bias sixth-amendment | Does Peria-Rodriguez apply to Petitioner's evidence that at least one juror relied on anti-Hispanic racial stereotypes and animus to find that he was … |
| 22-5947 | Kevin Johnson v. Missouri | Missouri | 2022-10-31 | Denied | IFP | criminal-procedure criminal-trial death-penalty eighth-amendment juror-misconduct juvenile-justice mental-health mental-impairment racial-bias | 1. In light of a court's duty to issue a remedy that "neutralize[s] the taint of a constitutional violation" while avoiding the grant of "a windfall t… |
| 22-5789 | Rodney Donta Jackson v. Minnesota | Minnesota | 2022-10-07 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process juror-misconduct post-verdict-hearing post-verdict-hearings public-trial sixth-amendment trial-procedure | I. Does the Sixth Amendment right to a public trial extend to postverdict hearings investigating potential juror misconduct? II. Is the remedy for a … |
| 22-5675 | Larry Gapen v. Ohio | Ohio | 2022-09-23 | Denied | IFP | capital-case constitutional-violations due-process extrinsic-evidence federal-constitutional-rights federal-habeas-corpus habeas-corpus juror-misconduct lex-talionis state-procedural-rules | When state courts prevent a capital defendant from obtaining the formal process necessary to substantiate severe constitutional violations in his tria… |
| 22-44 | Westley Devone Harris v. Alabama | Alabama | 2022-07-15 | Denied | criminal-procedure fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire | 1. Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to an impartial jury when a jury member gives dishonest and i… | |
| 21-7381 | Jessie D. Hoffman, Jr. v. Louisiana | Louisiana | 2022-03-16 | Denied | Amici (1)IFP | capital-case criminal-procedure death-penalty due-process juror-misconduct jury-selection no-impeachment-rule peña-rodriguez racial-bias | Did the Louisiana Supreme Court err in failing to consider clear evidence of juror racial bias under Peña-Rodriguez in the extraordinary circumstances… |
| 21-7071 | Keaon Wilson v. United States | Third Circuit | 2022-02-08 | Denied | Response WaivedIFP | constitutional-rights due-process juror-misconduct juror-numbers jury-selection mix-up sixth-amendment structural-error trial-procedure | IS IT STRUCTURAL ERROR IN VIOLATION OF THE SIXTH AMENDMENT FOR A JUROR TO SIT ON A JURY WHEN THAT JUROR WAS NOT ACTUALLY SELECTED TO BE ON THE JURY DU… |
| 21-6649 | Paul J. Hultman v. Daniel Paramo, Warden | Ninth Circuit | 2021-12-17 | Denied | Response WaivedIFP | due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment | I Were the Sixth and Fourteenth Amendments violated when a juror admitted viewing unadmitted evidence during deliberations and stated that her verdic… |
| 21-6259 | Shelly Margaret Arndt v. Deborah Jo Wofford, Superintendent, Washington Corrections Center for Women | Ninth Circuit | 2021-11-12 | Denied | Response WaivedIFP | circuit-split constitutional-provisions discretionary-power due-process internet-research judicial-discretion juror-misconduct prejudicial-error remmer statutory-provisions verdict-integrity | In this case, juror misconduct was proven by the lower court after a juror researched an element of the crime on the internet (Wikipedia) during delib… |
| 21-6159 | Michael Skinner v. Florida | Florida | 2021-11-02 | Denied | Response WaivedRelisted (2)IFP | evidentiary-hearing fair-trial guilty-verdict impartial-jury juror-misconduct sixth-amendment sixth-amendment-violation | 1. Whether the Sixth Amendment right to a fair trial before an impartial jury would require an evidentiary hearing, following the disposition of a tri… |
| 21-581 | Allen H. Loughry, II v. United States | Fourth Circuit | 2021-10-20 | Denied | criminal-procedure extrajudicial-communication juror-contact juror-misconduct presumptive-prejudice remmer-hearing sixth-amendment social-media social-media-evidence trial-integrity | In Remmer v. United States, 347 U.S. 227, 229 (1954), the Court held that "any private communication, contact, or tampering directly or indirectly, wi… | |
| 20-7930 | Oscar Smith v. Tennessee | Tennessee | 2021-05-05 | Denied | IFP | death-penalty death-sentence due-process fair-trial fundamental-rights juror-bias juror-misconduct procedural-rules state-court-proceedings | Whether a state court violates the federal due process rights of a death sentenced prisoner who has asserted a colorable claim of juror bias and/or mi… |
| 20-7614 | Gerald Von Tobel v. Tim Garrett, Warden, et al. | Ninth Circuit | 2021-03-31 | Denied | Response WaivedIFP | 28-usc-2254(d)(1) criminal-trial federal-review habeas-corpus juror-misconduct mattox-remmer-test mattox-v-united-states presumption-of-prejudice remmer-v-united-states state-court-procedure | In Nevada, when a juror commits misconduct by engaging in an unauthorized conversation about a criminal trial with a third party, the Nevada state cou… |
| 20-7579 | Donald Phillips v. Texas | Texas | 2021-03-29 | Denied | IFP | 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure | 1. Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the juror… |
| 20-7031 | Jose Diaz, aka Cano v. United States | Second Circuit | 2021-02-03 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure | Should this Court, in order to safeguard a defendant's rights to due process and a fair and impartial jury, clarify the extent to which a trial court … |
| 20-5737 | Jesse Lewis v. United States | Eleventh Circuit | 2020-09-17 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process juror-misconduct jury-impartiality jury-selection religious-bias sex-trafficking sixth-amendment | Whether, at petitioner's trial for sex trafficking—in which the government's case rested on evidence of the defendant's conduct as a procurer of prost… |
| 20-5613 | Keith Bernard Smith v. Noah Nagy, Warden | Sixth Circuit | 2020-09-09 | Denied | Response WaivedIFP | constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness | DID THE TRIAL COURT INTERFERE WITH PETITIONER'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS TO A FAIR JURY TRIAL WHEN SHE REFUSED TO HOLD AN EVIDENTIARY H… |
| 19-1307 | Edward Thomas, Warden v. William Leroy Barnes | Fourth Circuit | 2020-05-20 | Denied | actual-prejudice brecht-v-abrahamson criminal-conviction criminal-procedure due-process federal-habeas-review fourth-circuit habeas-corpus juror-misconduct jury jury-contact precedent-interpretation substantial-effect | Did the Fourth Circuit misapply this Court's precedents by granting habeas relief where there was no evidence that a juror's contact with a third part… | |
| 19-8233 | Reynaldo Alberto Cantu v. Texas | Texas | 2020-04-09 | Denied | IFP | bias constitutional-rights due-process fair-trial impartial-jury judicial-bias juror-misconduct remand trial-procedure | Whether The Texas High Court Error, denying Petitioner the Right to a "fair and impartial trial" failing to Remand Case back to the trial court, after… |
| 19-8009 | Hooman Ashkan Panah v. Ron Broomfield, Acting Warden | Ninth Circuit | 2020-03-17 | Denied | Amici (1)IFP | civil-rights criminal-procedure death-penalty due-process evidence-review habeas-corpus ineffective-assistance-of-counsel judicial-procedure juror-contact juror-misconduct remmer sixth-amendment third-party-influence | Question 1: During deliberations, a juror contacted her preacher, who gave her an eye-for-an-eye Biblical passage, which made her "at peace" with voti… |
| 19-7451 | David Keith Rogers v. California | California | 2020-01-30 | Denied | IFP | 6th-amendment constitutional-hearing constitutional-rights court-discretion discretion due-process evidentiary-hearing fair-trial hearing judicial-procedure juror-misconduct legal-review | Question not identified. |
| 19-472 | City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. | Ohio | 2019-10-10 | Denied | Response Waived | abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure | 1. Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial. 2. Whether the Trial Court abused its dis… |
| 19-5493 | David Ray Taylor v. Oregon | Oregon | 2019-08-07 | Denied | IFP | 8th-amendment death-penalty due-process eighth-amendment execution-moratorium extrajudicial-information juror-misconduct jury-instructions moratorium standing state-action voir-dire | First Question Presented: The Eighth Amendment bars a jury from imposing a death sentence if it "has been led to believe that the responsibility for d… |
| 19-5177 | James Alvin Chaney v. United States | Sixth Circuit | 2019-07-15 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure | Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court… |
| 18-9665 | Alejandro Hernandez-Delgado v. California | California | 2019-06-13 | Denied | Response RequestedRelisted (2)IFP | criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment | What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac… |
| 18-6819 | Keith Tharpe v. Benjamin Ford, Warden | Eleventh Circuit | 2018-11-26 | Denied | Amici (1)Relisted (2)IFP | certificate-of-appealability collateral-review death-penalty due-process equal-protection habeas-corpus juror-misconduct jury-selection pena-rodriguez racial-bias racial-bias-in-jury retroactivity | 1. Does Pena-Rodriguez apply retroactively to cases on collateral review? 2. The Eleventh Circuit first denied a certificate of appealability ("COA")… |
| 18-6637 | Harold E. Grist, Jr. v. Terema Carlin, Warden | Ninth Circuit | 2018-11-08 | Denied | Response WaivedIFP | 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness | Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and … |
| 18-6351 | Raymond Baker v. United States | Second Circuit | 2018-10-16 | Denied | Response WaivedIFP | accomplice-testimony corroboration corroboration-of-accomplice-testimony due-process due-process-rights fair-trial impartial-jury juror-misconduct jury-misconduct post-verdict post-verdict-inquiry | 1. Whether, as a means of protecting a defendant's rights to due process and a fair and impartial jury, the Court should clarify whether, when a defen… |
| 18-5933 | Mary Wilkerson v. United States | Eleventh Circuit | 2018-09-11 | Denied | Response WaivedRelisted (2)IFP | brady-doctrine brady-v-maryland due-process exculpatory-evidence federal-rules-of-evidence juror-dishonesty juror-misconduct kyles-v-whitley materiality post-trial-evidence prosecutorial-misconduct rule-of-evidence | 1. Whether, under Brady v. Maryland, 373 U.S. 83 (1963) and Kyles v. Whitley 514 U.S. 419 (1995) the Courts may consider information that arises after… |
| 18-143 | Sandra Lee Bart v. United States | Eighth Circuit | 2018-07-31 | Denied | Response WaivedRelisted (2) | appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence | 1. Did the Eighth Circuit fail to follow its own precedent, and rule contrary to other Appellate Circuits and the United States Supreme Court when it … |
| 18-53 | Lance Dillard, aka Double v. United States | Seventh Circuit | 2018-07-10 | Denied | Response Waived | constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment | Whether the judicial controls utilized in a criminal trial were so constitutionally inadequate to deter or prevent jurors from accessing prejudicial p… |