Supreme Court of the United States · Official docket →
Malcolm A. French v. United States
Paid petition · United States Court of Appeals for the First Circuit, No. 19-1632 · judgment October 7, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The first time this case was before the First Circuit, it remanded for further proceedings on French’s motion for a new trial made after information surfaced suggesting that a juror lied during the selection process. United States v. French, 904 F.3d 111, 113-14, 125 (1st Cir. 2018) (“French I”). The second time this case was before the First Circuit, the court affirmed the denial of a new trial, reasoning that the district court “did not abuse [its] discretion” because French failed to carry his burden of showing that the juror had a biased motive for lying. United States v. French, 977 F.3d 114, 125-27 (1st Cir. 2020) (“French II”). The questions presented are:
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When a criminal defendant claims the structural error of deprivation of the right to trial by an impartial jury, is that claim appropriately reviewed on appeal using an abuse of discretion standard?
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To win a new trial based on a claim of juror mendacity in the selection process, must a defendant prove that the juror possessed a biased motive?
Counsel of record
For petitioner
Jamesa J. Drake
Drake Law LLC
For respondent
Brian H. Fletcher
Acting Solicitor General
Proceedings
- May 03 2021Petition DENIED.
- Apr 14 2021DISTRIBUTED for Conference of 4/30/2021.
- Mar 15 2021Waiver of right of respondent United States of America to respond filed.
- Mar 06 2021Petition for a writ of certiorari filed. (Response due April 9, 2021)