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Malcolm A. French v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 19-1632 · judgment October 7, 2020


Certiorari denied · May 3, 2021
Pre-decision estimate: 2% cert probability

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:

  1. 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?

  2. 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

Case

Conference history
Distributed for 1 conference

Related
Vide, 20-7661

Proceedings

  1. May 03 2021
    Petition DENIED.
  2. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  3. Mar 15 2021
    Waiver of right of respondent United States of America to respond filed.
  4. Mar 06 2021
    Petition for a writ of certiorari filed. (Response due April 9, 2021)