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Harshad Shah v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-50383 · judgment April 15, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
One hundred and thirty years ago, in Ex Parte Virginia, 100 U.S. 339, 345 (1880), this Court condemned the exploitation of racial animus used by a Virginia state judge to exclude African Americans from the jury selection process. Over a century later, in Buck v. Davis, 137 S.Ct. 759, 776-777 (2017) this Court again denounced the use of racial animus; this time to condemn stereotype testimony from a defense expert that “black men” are predisposed to violence simply because they are “black.” The same year, in Peña-Rodriguez v. Colorado, 137 S.Ct. 855, 867-870 (2017), this Court again condemned racial animus in the sexual assault trial of a Mexican man, when, during deliberations, a juror said that “nine out of ten Mexican men were guilty of being aggressive toward women and young girls.”
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Is it structural error and a denial of the Sixth Amendment right to “trial by an impartial jury” when the government expressly uses racial animus in a bribery trial by having an official government witness testify that people from India, like Petitioner Harshad Shah, are predisposed to bribery simply because they are Indian?
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Given the injection of racial animus at trial, did the Ninth Circuit create a conflict with this Court’s precedent denying Petitioner due process and a fair trial when it misapplied plain error review to a predisposition jury instruction that “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings”?1 1 [United States v. Olano, 507 U.S. 725, 732-736 (1993).]
Counsel of record
For petitioner
Ezekiel E. Cortez
Law Offices of Ezekiel E. Cortez
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jan 21 2020Petition DENIED.
- Dec 30 2019DISTRIBUTED for Conference of 1/17/2020.
- Dec 16 2019Brief of respondent United States of America in opposition filed.
- Nov 07 2019Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2019.
- Nov 06 2019Motion to extend the time to file a response from November 14, 2019 to December 16, 2019, submitted to The Clerk.
- Oct 15 2019Response Requested. (Due November 14, 2019)
- Oct 02 2019DISTRIBUTED for Conference of 10/18/2019.
- Sep 23 2019Waiver of right of respondent United States of America to respond filed.
- Sep 09 2019Petition for a writ of certiorari filed. (Response due October 11, 2019)