Tenth Circuit Vacates Conviction Over Counsel's All-White Jury Prediction

Is it okay for a criminal-defense counsel to tell his (Black) client that if he goes to trial, the jury "would be culled of any minorities" and he'd be tried before an all-white jury? Tenth Circuit: No, it is definitely not okay. And given that misrepresentation about the right to a fair and impartial trial, the client's resulting guilty plea can't be said to have been knowing and voluntary. He gets to withdraw his guilty plea. And we note that it's interesting the district court did not correct the assertion that the defendant would face only white jurors.

The case is United States v. Swan, 22-6132 (10th Cir. Jan. 23, 2024).