Monday, November 30, 2009
The Lone Ranger And Tonto Fistfight In Heaven, Take 7: Supreme Court Denied Cert In Benally v. United States
Today, the Supreme Court denied cert in Benally v. United States, the case in which I submitted an amicus brief. The post containing my brief has links to all of my posts on the case, which dealt with whether racist statements by jurors against Native Americans during deliberations could be used to impeach a verdict entered against a Native American defendant and/or to prove that jurors lied on voir dire when they claimed that they did not harbor racial prejudice. Unfortunately, all we have is the denial of cert, so we don't know why the Court denied cert. For instance, one argument raised by the Solicitor General was that the Court should not grant cert because Benally had not yet been sentenced. If that's the case, I am hopeful that the Court will resolve the issue in the future.