Supreme Court of the United States · Official docket →
Rickey Johnson, aka Sealed Defendant 1, aka Neil Dawn Defarren v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 22-1289 · judgment September 6, 2024
Certiorari denied · February 23, 2026
Question presented
I. Whether the acknowledged violation of a federal criminal defendant’s right to a jury of 12, under Fed. R. Crim. P. 23(b), can be harmless, a question that divides the circuits. II. Whether this Court should overrule Williams v. Florida, 399 U.S. 78 (1970), and hold, consistent with Ramos v. Louisiana, 590 U.S. 83 (2020), that the Sixth Amendment right to trial by jury means a jury of 12.
Counsel of record
For petitioner
Colleen P. Cassidy
Federal Defenders of New York, Inc.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 29 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 28 2026Reply of petitioner Rickey Johnson filed. (Distributed)
- Jan 14 2026Brief of respondent United States in opposition filed.
- Dec 10 2025Motion to extend the time to file a response is granted and the time is further extended to and including January 14, 2026.
- Dec 08 2025Motion to extend the time to file a response from December 15, 2025 to January 14, 2026, submitted to The Clerk.
- Nov 05 2025Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025.
- Nov 04 2025Motion to extend the time to file a response from November 14, 2025 to December 15, 2025, submitted to The Clerk.
- Oct 10 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2025)