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Dietz v. Bouldin

Issues

Can a federal court, after discharging a jury, recall the jurors and direct them to deliberate further in order to correct an invalid verdict?

 

This case stems from a vehicle collision lawsuit and comes to the Supreme Court on appeal from the Ninth Circuit. Respondent Hillary Bouldin collided with petitioner Rocky Dietz who subsequently sued Bouldin in Montana state court for injuries sustained during the accident. Bouldin removed the case to federal court and the jury found in favor of Dietz but erroneously awarded $0 in damages, which was legally impossible because Bouldin had admitted to causing at least $10,000 in medical expenses. The Supreme Court will clarify under which  circumstances,  if any, federal courts may recall jurors dismissed after having rendered a final verdict. Dietz contends that the Court should establish a bright-line rule clearly forbidding such re-empaneling of jurors, asserting instead that the appropriate remedy for an invalid verdict is a new trial. Bouldin counters that federal courts should be allowed to exercise discretion to determine when it is appropriate to recall a jury after its dismissal. This case will affect how federal courts interpret rules and procedures for recalling jurors and will also impact the fairness and finality of jury verdicts and judicial efficiency in federal court proceedings.

Questions as Framed for the Court by the Parties

After a judge has discharged a jury from service in a case and the jurors have left the judge’s presence, may the judge recall the jurors for further service in the same case?

In August 2009, respondent Hillary Bouldin, while driving his car, struck petitioner Rocky Dietz’s car. See Dietz v. Bouldin, 794 F.3d 1093, 1095 (9th Cir.

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Foster v. Chatman

Issues

Should the Georgia courts have recognized race discrimination under Batson v. Kentucky, which held that race cannot be used as a basis for striking jurors, where the prosecution used peremptory challenges to strike each potential black juror, resulting in an all-white jury in the petitioner’s death penalty case?

 

This case presents the Supreme Court with an opportunity to determine whether the Georgia courts erred in determining that the prosecution’s peremptory challenges were not based on race discrimination. See Brief for Petitioner, Timothy Tyrone Foster at 2–4; Brief for Respondent, Bruce Chatman, Warden, at 1–2. Petitioner Timothy Tyrone Foster contends that he was denied due process and the right to an impartial  jury,  because the prosecution used peremptory challenges to strike black jurors on the basis of race. See Brief for Petitioner at 2–3. Foster argues that the prosecution’s jury selection notes demonstrate intent to exclude black jurors from the jury and that the prosecution’s purported reasons for striking the black prospective jurors are insufficient in light of the corresponding notes. See id. at 27–28. Respondent Bruce Chatman counters that the prosecution established sufficient justification for striking each prospective black juror and that the notes were prepared in anticipation of a Batson challenge. See Brief for Respondent at 1–2. The Supreme Court’s  decision in this case  will provide greater clarity as to what constitutes a violation  under  Batson v. Kentucky.

Questions as Framed for the Court by the Parties

Did the Georgia courts err in failing to recognize race discrimination under Batson v. Kentucky in the extraordinary circumstances of this death penalty case?

In 1986, Timothy Tyrone Foster was arrested for the murder of 79-year-old Queen Madge White in Rome, Georgia. See Foster v.

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Hana Financial v. Hana Bank

Issues

Is trademark tacking an issue of law or fact?

The Supreme Court will have the opportunity to address the issue of whether trademark tacking is a question of law or fact. In this case, Hana Bank argues that its use of “Hana Overseas Korean Club” should be tacked to its use of “Hana World Center”—as the district court jury seemingly allowed. Hana Financial counters, argues that a judge, not a jury, should decide the tacking issue; and, Hana Bank’s tacking claim fails as a matter of law. The outcome of this case may touch on judicial efficiency, predictability of trademark law, and consumer protection. 

Questions as Framed for the Court by the Parties

To own a trademark, one must be the first to use it; the first to use a mark has “priority.”  The trademark “tacking” doctrine permits a party to “tack” the use of an older mark onto a new mark for purposes of determining priority, allowing one to make slight modifications to a mark over time without losing priority. Trademark tacking is available where the two marks are “legal equivalents.” The question presented, which has divided the courts of appeals and determined the outcome in this case, is:

Whether the jury or the court determines whether use of an older trademark may be tacked to a newer one is a question of fact?

In the mid-1990s two companies began providing financial services in the United States. See Hana Financial, Inc. v Hana Bank, 735 F.3d 1158, 1161 (9th Cir.

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McElrath v. Georgia

Issues

Does the Double Jeopardy Clause allow the retrial of an acquittal where the jury’s inconsistent verdicts on related offenses are deemed invalid under state law?

This case asks the Supreme Court to decide whether the Double Jeopardy Clause prevents a defendant from being retried on a count where he was acquitted by a jury’s verdict. Petitioner McElrath argues that the Double Jeopardy Clause prohibits defendants from being retried once they are acquitted. Petitioner also contends that the Georgia Supreme Court’s “repugnancy rule,” a rule that voids a jury’s verdicts if its findings on the record are extremely inconsistent, conflicts with the purpose and history of the Double Jeopardy Clause. In response, Respondent Georgia contends that state law, not the Double Jeopardy Clause, defines when a verdict is valid. It further asserts that Georgia’s “repugnancy rule” is consistent with the Constitution because repugnant verdicts and inconsistent verdicts are different, and the Supreme Court has never ruled on contradictory jury findings. The outcome of this case will affect the balance between judicial and jury power, as well as how far a federal court’s power can go in reversing a state court’s decision.

Questions as Framed for the Court by the Parties

Whether the double jeopardy clause of the Fifth Amendment prohibits a second prosecution for a crime of which a defendant was previously acquitted.

On July 16, 2012, 18-year-old Damian McElrath stabbed his adoptive mother, Diane, more than 50 times in a single attack. McElrath v. State (“McElrath I”) at 575. The attack started in the upstairs bedroom of their shared house and eventually ended at the front door, where Diane died. Id. McElrath then cleaned himself and wrote a note claiming that Diane told him that she was poisoning him.

Acknowledgments

The authors would like to thank Professor John H. Blume for his guidance and insights into this case.

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Rivera v. Illinois

Issues

Whether a court's decision in wrongfully denying a peremptory challenge requires an automatic reversal of the related conviction.

 

This case concerns the effect of an erroneous denial of a criminal defendant's peremptory challenge to a prospective juror who was later seated. Defendant Rivera exercised a peremptory challenge to exclude Ms. Gomez, who worked administratively in a hospital known for treating gunshot victims. The trial judge denied the peremptory challenge, claiming a Batson violation. Ms. Gomez was seated on the jury, which then convicted Rivera of first degree murder in a gang related shooting. The Supreme Court of Illinois held that the judge committed harmless-error in denying this peremptory challenge. Upon appeal before the Supreme Court, Rivera argues that the erroneous denial of a peremptory challenge necessitates automatic reversal "because it undermines the trial structure for preserving the constitutional right to due process and an impartial jury." The State of Illinois, on the other hand, argues that there has been no constitutional violation, and that state law should determine the effect of an erroneous denial of a peremptory challenge on the verdict.

Questions as Framed for the Court by the Parties

Does the erroneous denial of a criminal defendant's peremptory challenge that resulted in the challenged juror being seated require automatic reversal of a conviction because it undermines the trial structure for preserving the constitutional right to due process and an impartial jury?

In 1998, sixteen-year old Marcus Lee was fatally shot. See Brief for Respondent, Illinois at 1.

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