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U.S. v. Holloway, No. 3:96-00004 (M.D.Tenn.) (29 F.Supp.2d 435) (December 3, 1998) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Holloway, No. 3:96-00004 (M.D.Tenn.) (29 F.Supp.2d 435) (December 3, 1998) (Judge Thomas A. Jr. Wiseman) by The defendant in this case, a white man, moved for discovery of information disclosing racial discrimination in the decision by the Department of Justice selecting the defendant to face the death penalty. …

U.S. v. Richardson, No. 97-3152 (D.C. Cir.) (161 F.3d 728) (October 27, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Richardson, No. 97-3152 (D.C. Cir.) (161 F.3d 728) (October 27, 1998) (Judge Patricia M. Wald) by In this case the defendant was identified by an eyewitness as the man who displayed a gun. The defendant's attorney presented a defense of misidentification, suggesting that the gun could have belonged …

U.S. v. Mendoza, No. 96-50597 (9th Cir.) (157 F.3d 730) (October 6, 1998) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Mendoza, No. 96-50597 (9th Cir.) (157 F.3d 730) (October 6, 1998) (Judge Melvin Brunetti) by In this case, during voir dire, the district court asked the panel whether any of them felt that the American approach to marijuana was wrong, and two jurors raised their hands. The court …

Dyer v. Calderon, No. 95-99002 (9th Cir.) (151 F.3d 970) (August 6, 1998) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Bias/Discrimination

Dyer v. Calderon, No. 95-99002 (9th Cir.) (151 F.3d 970) (August 6, 1998) (Judge Alex Kozinski) by This judicial donnybrook is noted for the wide disparity of reasoning about whether a juror's lies during voir dire warranted an inference of implied bias.

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes) by Court rejected defendants' claims that Judge Young had denied them a fair trial by giving the impression to the jury that he was acting as the prosecutor's "assistant".

U.S. v. Avery, No. 95-5232 (6th Cir.) (137 F.3d 343) (November 3, 1997) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Avery, No. 95-5232 (6th Cir.) (137 F.3d 343) (November 3, 1997) (Judge Nathaniel R. Jones) by Here the Court essentially affirmed its earlier decision, reported at 128 F.3d 974, in which it established a nearly impossible burden of proof for proving that a search at an airport was …

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore) by Here the Court invalidated as racially discriminatory a jury selection plan designed to increase the number of Black jurors which it determined was in violation of the Jury Selection and Service Act, …

U.S. v. Torres, No. 96-1535, No. 1587 (2nd Cir.) (128 F.3d 38) (October 9, 1997) (Judge Guido Calabresi)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Torres, No. 96-1535, No. 1587 (2nd Cir.) (128 F.3d 38) (October 9, 1997) (Judge Guido Calabresi) by United States v. Torres, 128 F.3d 38 (2nd Cir. 1997) (Judge Calabresi) Torres dealt principally with the rules that apply to dismissal of jurors for bias; but it also discussed a …

U.S. v. Avery, No. 95-5232 (6th Cir.) (128 F.3d 974) (November 3, 1997) (Judge Nathaniel R. Jones)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Avery, No. 95-5232 (6th Cir.) (128 F.3d 974) (November 3, 1997) (Judge Nathaniel R. Jones) by The defendant in this case, a Black, was targeted for a search at an airport by one of the thousands of drug interdicton squads that are rapidly becoming an integral part of …

Dyer v. Calderon, No. 95-99002 (9th Cir.) (122 F.3d 720) (May 5, 1997) (Judge J. Clifford Wallace)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Bias/Discrimination

Dyer v. Calderon, No. 95-99002 (9th Cir.) (122 F.3d 720) (May 5, 1997) (Judge J. Clifford Wallace) by Case concluded that it was bound by a State court's finding of juror impartiality and declined to grant any habeas corpus relief; but this decision was reversed by an en banc decision …

Dyer v. Calderon, No. 95-99002 (9th Cir.) (113 F.3d 927) (May 5, 1997) (Judge J. Clifford Wallace)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Bias/Discrimination

Dyer v. Calderon, No. 95-99002 (9th Cir.) (113 F.3d 927) (May 5, 1997) (Judge J. Clifford Wallace) by The decision in this case was replaced by the Court's subsequent ruling reported at 122 F.3d 720; and that decision was ultimately vacated by the Court's en banc ruling reported at 151 …

U.S. v. Gonzalez-Soberal, No. 95-2013 (1st Cir.) (109 F.3d 64) (March 26, 1997) (Judge Juan R. Torruella)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Gonzalez-Soberal, No. 95-2013 (1st Cir.) (109 F.3d 64) (March 26, 1997) (Judge Juan R. Torruella) by After his conviction on a number of drug-related charges, the defendant in this case appealed, arguing principally that the district court had committed several reversible errors during the jury selection process. Among …

Gonzales v. Thomas, No. 95-2279 (10th Cir.) (99 F.3d 978) (November 5, 1996) (Judge Wade Brorby)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Bias/Discrimination

Gonzales v. Thomas, No. 95-2279 (10th Cir.) (99 F.3d 978) (November 5, 1996) (Judge Wade Brorby) by Here, after a detailed explanation of the differences between "actual" and "implied" juror bias, the Court held that rape victims are not incapable as a matter of law of being impartial jurors in …

U.S. v. Barber, No. 94-5065 (4th Cir.) (80 F.3d 964) (April 5, 1996) (Judge Paul V. Niemeyer)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Barber, No. 94-5065 (4th Cir.) (80 F.3d 964) (April 5, 1996) (Judge Paul V. Niemeyer) by This is a fascinating decision, from a sharply divided Court, that explores whether a racially mixed couple, on trial in western Virginia on a money laundering charge arising out of the sale …

U.S. v. Quintero-Barraza, No. 93-10764 (9th Cir.) (78 F.3d 1344) (March 7, 1996) (Judge Robert R. Jr. Merhige)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Quintero-Barraza, No. 93-10764 (9th Cir.) (78 F.3d 1344) (March 7, 1996) (Judge Robert R. Jr. Merhige) by The distinguishing feature of this decision is the stinging dissent by Judge Tang who objects to the rather routine affirmance of the defendant's drug conviction, despite his conclusion that the conviction …

U.S. v. Beasley, No. 94-2586 (7th Cir.) (48 F.3d 262) (February 17, 1995) (Judge John L. Coffey)

Article • January 1, 1995

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Beasley, No. 94-2586 (7th Cir.) (48 F.3d 262) (February 17, 1995) (Judge John L. Coffey) by Here the Court held that the district court had not committed any error in refusing to remove a prospective juror for cause even though her son was a police officer, her bother …

U.S. v. Nururdin, No. 92-2756 (7th Cir.) (8 F.3d 1187) (November 3, 1993) (Judge John L. Coffey)

Article • January 1, 1994

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Nururdin, No. 92-2756 (7th Cir.) (8 F.3d 1187) (November 3, 1993) (Judge John L. Coffey) by Here the Court held that the district court had not committed reversible error when it refused to dismiss four jurors for cause, two of whom were related to law enforcement officers, one …