Search | Punch and Jurists

Bui v. Haley, No. 00-15445 (11th Cir.) (321 F.3d 1304) (February 19, 2003) (Judge Gerald B. Tjoflat)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Batson Claims

Bui v. Haley, No. 00-15445 (11th Cir.) (321 F.3d 1304) (February 19, 2003) (Judge Gerald B. Tjoflat) by Here the Court ordered a new trial based on Batson violations because of the failure of the State to provide direct evidence of the motivations of the prosecutor who actually struck nine …

U.S. v. Thomas, No. 00-1593(L) (2nd Cir.) (303 F.3d 138) (September 4, 2002) (Judge Dennis G. Jacobs)

Article • October 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Batson Claims

U.S. v. Thomas, No. 00-1593(L) (2nd Cir.) (303 F.3d 138) (September 4, 2002) (Judge Dennis G. Jacobs) by The Supreme Court held, in Batson v. Kentucky, 476 U.S. 79 (1986), that the Equal Protection Clause of the Fourteenth Amendment forbids a prosecutor from using peremptory challenges to exclude African-Americans from …

Purkett v. Elem, No. 94-802 (U.S. Supreme Court) (514 U.S. 765; 115 S.Ct. 1769) (May 15, 1995) (Per Curiam)

Article • September 11, 2002

Filed under: Punch And Jurists, Batson Claims

Purkett v. Elem, No. 94-802 (U.S. Supreme Court) (514 U.S. 765; 115 S.Ct. 1769) (May 15, 1995) (Per Curiam) by Court reversed Eighth Circuit by holding that a Batson challenge based on long hair and facial hair is acceptable, on the ground that such hair is "not a characteristic peculiar …

Henderson v. Walls, No. 00-3834 (7th Cir.) (296 F.3d 541) (July 9, 2002) (Judge Diane P. Wood)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Batson Claims

Henderson v. Walls, No. 00-3834 (7th Cir.) (296 F.3d 541) (July 9, 2002) (Judge Diane P. Wood) by In 1987, the petitioner in this case, Demetrius Henderson, was convicted of kidnapping, raping and murdering a 16-year old victim. Ever since then, he has been attempting to convince the courts that …

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Batson Claims

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch) by One of the defendants in this case contended that the prosecutor's use of four peremptory challenges to eliminate Italian-American surnamed individuals from the jury violated the constitutional guarantee of equal protection, as …

Powers v. Ohio, No. 89-5011 (U.S. Supreme Court) (499 U.S. 400; 111 S.Ct. 1364) (April 1, 1991) (Justice Kennedy)

Article • December 14, 2001

Filed under: Punch And Jurists, Batson Claims

Powers v. Ohio, No. 89-5011 (U.S. Supreme Court) (499 U.S. 400; 111 S.Ct. 1364) (April 1, 1991) (Justice Kennedy) by In this case the Supreme Court held that a defendant of any race can raise an equal protection challenge to the prosecution's discriminatory use of peremptory challenges, thereby eliminating any …

J.E.B. v. Alabama, No. 92-1239 (U.S. Supreme Court) (511 U.S. 127; 114 S.Ct. 1419) (April 19, 1994) (Justice Blackmun)

Article • November 26, 2001

Filed under: Punch And Jurists, Batson Claims

J.E.B. v. Alabama, No. 92-1239 (U.S. Supreme Court) (511 U.S. 127; 114 S.Ct. 1419) (April 19, 1994) (Justice Blackmun) by In this case the Court considered whether the Equal Protection Clause forbids the intentional use of peremptory challenges based on gender, just as it prohibits discrimination on the basis of …

Miller-El v. Johnson, No. 00-10784 (5th Cir.) (261 F.3d 445) (August 7, 2001) (Judge Harold R. Jr. DeMoss)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Batson Claims

Miller-El v. Johnson, No. 00-10784 (5th Cir.) (261 F.3d 445) (August 7, 2001) (Judge Harold R. Jr. DeMoss) by Here the Court denied a Certificate of Appealability that the capital defendant sought on the grounds that the prosecution had systematically violated the Batson rule by removing 10 0f 11 black …

Rico v. Leftridge-Byrd, No. Civ. No. 00-4841 (E.D.Pa.) (2001 WL 1428351) (November 8, 2001) (Judge William H. Jr. Yohn)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Batson Claims

Rico v. Leftridge-Byrd, No. Civ. No. 00-4841 (E.D.Pa.) (2001 WL 1428351) (November 8, 2001) (Judge William H. Jr. Yohn) by In Batson v. Kentucky, 476 U.S. 79, 86 (1986) the Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment governs the exercise of peremptory challenges by a …

U.S. v. Patterson, No. 97-3132 (7th Cir.) (215 F.3d 776) (June 1, 2000) (Judge Frank H. Easterbrook)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Patterson, No. 97-3132 (7th Cir.) (215 F.3d 776) (June 1, 2000) (Judge Frank H. Easterbrook) by Among the many issues raised in this appeal from a 20-week trial of 15 defendants were a number of challenges to the trial court's handling of jury selection. Essentially, the trial court …

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist)

Article • June 29, 2000

Filed under: Punch And Jurists, Peremptory Challenges

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist) by Here the Court ruled that the trial court's failure to remove a juror for cause did not abridge petitioner's Fourteenth Amendment right to due process by arbitrarily depriving him of …

Hernandez v. New York, No. 89-7654 (U.S. Supreme Court) (500 U.S. 352; 111 S.Ct. 1859) (May 28, 1991) (Justice Kennedy)

Article • June 24, 2000

Filed under: Punch And Jurists, Batson Claims

Hernandez v. New York, No. 89-7654 (U.S. Supreme Court) (500 U.S. 352; 111 S.Ct. 1859) (May 28, 1991) (Justice Kennedy) by In this case the Court first outlined a three-step process for evaluating a Batson claim [Batson v. Kentucky, 476 U.S. 79 (1986)]: (1) the defendant must make a prima …

Holland v. Illinois, No. 88-5050 (U.S. Supreme Court) (493 U.S. 474; 110 S.Ct. 803) (January 22, 1990) (Justice Scalia)

Article • June 22, 2000

Filed under: Punch And Jurists, Peremptory Challenges

Holland v. Illinois, No. 88-5050 (U.S. Supreme Court) (493 U.S. 474; 110 S.Ct. 803) (January 22, 1990) (Justice Scalia) by Case held that that a prosecutor's racially motivated exclusion of Afro-Americans from the petit jury does not violate the fair-cross-section requirement of the Sixth Amendment. Case held that the Sixth …

U.S. v. Martinez-Salazar, No. 98-1255 (U.S. Supreme Court) (528 U.S. 304; 120 S.Ct. 774) (January 19, 2000) (Justice Ginsburg)

Article • March 13, 2000

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Martinez-Salazar, No. 98-1255 (U.S. Supreme Court) (528 U.S. 304; 120 S.Ct. 774) (January 19, 2000) (Justice Ginsburg) by In this case, the Court held that neither the Due Process Clause nor Fed.R.Crim.P. 24(b) (which provides criminal defendants with peremptory challenges) is violated when a defendant uses one of …

U.S. v. Harris, No. 99-1994 (7th Cir.) (197 F.3d 870) (November 30, 1999) (Judge Joel L. Flaum)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Harris, No. 99-1994 (7th Cir.) (197 F.3d 870) (November 30, 1999) (Judge Joel L. Flaum) by Here the Court held that the use of peremptory challenges to strike a potential juror due to her disability did not violate the defendant's constitutional rights, although the juror cannot be removed …

Tolbert v. Page, No. 97-55004 (9th Cir.) (182 F.3d 677) (June 28, 1999) (Judge Diarmuid F. O'Scannlain)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Peremptory Challenges

Tolbert v. Page, No. 97-55004 (9th Cir.) (182 F.3d 677) (June 28, 1999) (Judge Diarmuid F. O'Scannlain) by In her dissent, Judge McKeown argued that the Court should undertake a de novo review of the Batson prima facie inquiry, stating: "I believe that a prima facie Batson challenge should be …

Georgia v. McCollum, No. 91-372 (U.S. Supreme Court) (505 U.S. 42; 112 S.Ct. 2348) (February 26, 1992) (Justice Blackmun)

Article • July 7, 1999

Filed under: Punch And Jurists, Peremptory Challenges

Georgia v. McCollum, No. 91-372 (U.S. Supreme Court) (505 U.S. 42; 112 S.Ct. 2348) (February 26, 1992) (Justice Blackmun) by Here, before jury selection began, the prosecution moved to prohibit respondents from exercising peremptory challenges in a racially discriminatory manner. The State explained that it expected to show that the …

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist)

Article • July 2, 1999

Filed under: Punch And Jurists, Peremptory Challenges

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist) by In this capital murder case, the Court denied the defendant's claim that his rights were violated because he was required to use a peremptory challenge for a juror who should …

Vansickel v. White, No. 97-17143 (9th Cir.) (166 F.3d 953) (January 27, 1999) (Judge David R. Thompson)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Peremptory Challenges

Vansickel v. White, No. 97-17143 (9th Cir.) (166 F.3d 953) (January 27, 1999) (Judge David R. Thompson) by Claiming the majority's decision was contrary to the Court's en banc ruling in U.S. v. Annigoni, 96 F.3d 1132 (9th Cir. 1996), Judge Reinhardt wrote: "The majority acknowledges that the trial court's …

Caldwell v. Maloney, No. 98-1511 (1st Cir.) (159 F.3d 639) (November 2, 1998) (Judge Sandra L. Lynch)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Peremptory Challenges

Caldwell v. Maloney, No. 98-1511 (1st Cir.) (159 F.3d 639) (November 2, 1998) (Judge Sandra L. Lynch) by Here the Court held that the trial court's acceptance of the prosecutor's explanations for its use of peremptory challanges of four African Americans had adequate support in the record; and reversed the …