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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


Certiorari denied · January 21, 2020
Pre-decision estimate: 1% cert probability

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.”

  1. 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?

  2. 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

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 16 2019
    Brief of respondent United States of America in opposition filed.
  4. Nov 07 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2019.
  5. Nov 06 2019
    Motion to extend the time to file a response from November 14, 2019 to December 16, 2019, submitted to The Clerk.
  6. Oct 15 2019
    Response Requested. (Due November 14, 2019)
  7. Oct 02 2019
    DISTRIBUTED for Conference of 10/18/2019.
  8. Sep 23 2019
    Waiver of right of respondent United States of America to respond filed.
  9. Sep 09 2019
    Petition for a writ of certiorari filed. (Response due October 11, 2019)