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Anthony M. Lee v. Heath Parshall

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2381 · judgment July 7, 2020


Certiorari denied · March 22, 2021
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

This petition brings to the Court an issue for which there is substantial need for clear direction: a trial court’s obligation to obtain for litigants a jury free from bias; in this instance, racial and other biases in a 42 U.S.C. § 1983 suit. Through trial by jury, society pursues impartial justice. Through voir dire, jury trials pursue impartial jurors. The former, of course, hinging on the latter. The arc of the American story is wedded to this principle: impartial adjudication of disputes requires impartial adjudicators. The questions presented are:

  1. Whether the district court’s refusal to probe potential jurors for bias or prejudice was an abuse of discretion under Rule 47(a).

  2. Whether the district court’s questioning of the jurors was insufficient under the Due Process Clause.

Counsel of record

For petitioner
Robert John Gingras
Gingras, Thomsen & Wachs LLP

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 22 2021
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Feb 24 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Dec 30 2020
    Petition for a writ of certiorari filed. (Response due February 8, 2021)