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July 9, 2018

Top DC court holds that threat of deportation, combined with jail time, sufficient to trigger Sixth Amendment right to jury trial

With the excitement of the ending of the SCOTUS Term and a new opening on the Court, I failed to blog about a fascinating opinion handed down District Of Columbia Court of Appeals late last month. The start of the majority opinion in Jean-Baptiste Bado v. US, No. 12-Cm-1509 (DC Ct.App. June 21, 2018) (available here), sets out the essentials effectively:

Jean-Baptiste Bado appeals his conviction for misdemeanor sexual abuse of a minor, after a bench trial, on the ground that he was denied the right to a jury trial guaranteed by the Sixth Amendment.  The court, sitting en banc, is asked to decide whether the Sixth Amendment guarantees a right to a jury trial to an accused who faces the penalty of removal/deportation as a result of a criminal conviction for an offense that is punishable by incarceration for up to 180 days.  By itself, that period of incarceration does not puncture the six-month line past which an offense is deemed ― "serious" and jury-demandable.  We hold that the penalty of deportation, when viewed together with a maximum period of incarceration that does not exceed six months, overcomes the presumption that the offense is petty and triggers the Sixth Amendment right to a trial by jury. T he conviction is reversed and the case remanded for a jury trial. 

In addition to an extended majority opinion, Bado also brings two concurring opinions that work through the rationale for and implications of the consequence of removal serving to trigger the Sixth Amendment jury trial right.  And a lead dissent penned by Judge Fisher highlights these implications and concerns:

According to the majority, a citizen charged with misdemeanor sexual abuse of a child does not have a right to a jury trial, but a noncitizen charged with the very same offense does. This is a startling result, neither compelled nor justified by Supreme Court precedent.

July 9, 2018 at 01:29 PM | Permalink

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Posted by: Ingrid Eagly | Jul 10, 2018 10:52:06 AM

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