Tag Archives: Sixth Amendment

Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias

In United States v. Nieves, No. 21-1901 (2d Cir. Jan. 26, 2023), the Second Circuit took the rare step of tossing a criminal conviction because “the district court abused its discretion by failing to take any of several possible steps that could have effectively screened prospective jurors for [anti-gang] bias.” Defendant Nieves was charged withContinue reading “Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias”

Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial

In United States v. Allen, No. 21-10060 (9th Cir. May 16, 2022), the Ninth Circuit holds that a district court’s COVID-19 precautions that denied the public streamed hearings of a criminal defendant’s case violated his Sixth Amendment rights and required a new suppression hearing and trial. “At the height of the coronavirus pandemic in 2020,Continue reading “Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial”

Fifth Circuit Orders Hearing Into Whether Criminal Defendant Was Denied Sixth Amendment Rights When Her Lawyer Also Represented “Government’s Star Witness” Against Her

In United States v. Sheperd, No. 19-20073 (5th Cir. Mar. 8, 2022), the Fifth Circuit remands a case for a hearing about whether the defendant’s Sixth Amendment rights were violated when “her pretrial lawyer—who represented her until days before trial—also represented one of the Government’s star witnesses.” “Ann Sheperd owned and operated a home-health agency.Continue reading “Fifth Circuit Orders Hearing Into Whether Criminal Defendant Was Denied Sixth Amendment Rights When Her Lawyer Also Represented “Government’s Star Witness” Against Her”

Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations

In United States v. Litwin, No. 17-10429 (9th Cir. Aug. 27, 2020), the panel hold that the district court violated a defendant’s Sixth Amendment right to a unanimous jury verdict when it dismissed a juror hours into deliberation, based on findings that lacked support in the record. Fed. R. Crim. P. 23(b)(3) permits a courtContinue reading “Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations”