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Matthew Warmus v. Christopher LaRose, Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-3196 · judgment September 28, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. If, after the seating of a jury in a criminal trial, the judge conducting the trial engages in improper contact with a juror, must an evidentiary hearing be conducted pursuant to Remmer v. United States, 347 U.S. 227 (1954) to determine whether such contact constituted harmless error? II. Is it the burden of defense counsel to request an evidentiary hearing pursuant to Remmer v. United States, 347 U.S. 227 (1954) upon his learning of a judge’s improper contact with a juror outside of the courtroom or is the hearing mandated to be held regardless of whether a request is made?

Counsel of record

For petitioner
David Lawrence Doughten
Standard Building

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 21 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Dec 27 2017
    Petition for a writ of certiorari filed. (Response due February 5, 2018)