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Quiotis C., Jr. v. Nebraska

Paid petition · Court of Appeals of Nebraska, No. A-23-495 · judgment June 4, 2024


Certiorari denied · January 27, 2025
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

  1. Whether all juveniles are guaranteed the Sixth Amendment right to a jury trial in the Constitution regardless of their geographic location when the prosecutor can unilaterally deny the juvenile a jury trial by filing felony criminal charges in juvenile court to intentionally deny the juvenile the Sixth Amendment right to a jury trial when the juvenile has a strong defense or the prosecutor has a weak case.

  2. Whether the Constitution guarantees all juveniles and this African American juvenile, who was intentionally denied his Batson and Sixth Amendment right to a jury trial because the prosecutor unilaterally filed the case in juvenile court, are guaranteed their Sixth Amendment right to a jury trial in either juvenile court or adult court because after the case was filed the prosecutor received evidence that the juvenile would be acquitted and was acquitted of manslaughter because of self defense so the prosecutor, six months after the manslaughter case was filed, added additional charges upon which the juvenile was subsequently convicted in a bench trial in juvenile court based upon the contradictory testimony of the state witnesses which was not beyond a reasonable doubt.

  3. Whether the Sixth Amendment right to a jury trial and Batson, which is mandatory, guarantees African Americans juveniles in the U.S. a jury trial which does not purposely “exclude members of his own race” from the fact-finding decision in a juvenile bench trial.

Counsel of record

For petitioner
Timothy L. Ashford
Timothy L. Ashford, P.C, L.L.O

For respondent
Zachary Aaron Viglianco
Nebraska Department of Justice

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 24 2025
    Rehearing DENIED.
  2. Mar 05 2025
    DISTRIBUTED for Conference of 3/21/2025.
  3. Feb 21 2025
  4. Jan 27 2025
    Petition DENIED.
  5. Jan 08 2025
    DISTRIBUTED for Conference of 1/24/2025.
  6. Jan 02 2025
    Waiver of right of respondent Nebraska to respond filed.
  7. Nov 27 2024
    Petition for a writ of certiorari filed. (Response due January 2, 2025)