United States v. Penn

At voir dire for Penn’s retrial on felon-in-possession charges, Prospective Juror #207 indicated that jury service would be a hardship because he attended school on a full-time basis, the trial, which would last two-three days and would conflict with his scheduled tonsillectomy, and rescheduling surgery would conflict with basketball preseason practice, which started the following week. The appointment was the earliest that he could secure after getting sick with bronchitis four times; #207 was a varsity basketball player on a basketball scholarship and would be unable to perform activities for two weeks after the surgery. The judge said he had no objection to keeping him, adding, “I don’t believe him . . . if he truly was having surgery on Wednesday, he would have notified the jury office ... and his doctor would send a note.” The student was seated as the ninth juror. The morning after opening statements, the court received a doctor’s note and learned that the surgery could be rescheduled. The judge advised counsel, overruled defense counsel’s objection, excused the student, and seated an alternate juror. Defense counsel argued that the student was African-American and that there was only one other African-American on the jury, a middle-aged woman. The jury convicted Penn. The Third Circuit affirmed, rejecting an argument that making the substitution without findings deprived Penn of his constitutional rights to due process, fundamental fairness, equal protection, and an impartial jury. View "United States v. Penn" on Justia Law