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Article • September 7, 2005
Wainwright v. Witt, No. 83-1427 (U.S. Supreme Court) (469 U.S. 412; 105 S.Ct. 844) (January 21, 1985) (Justice Rehnquist) by Here the Court reviewed the standards for determining whether and when a prospective juror may be excused for cause because of his or her views on capital punishment. In this …
Article • May 1, 2003 • from P&J May, 2003
Oswald v. Bertrand, No. 01-C-0182 (E.D.Wisc.) (249 F.Supp.2d 1078) (March 26, 2003) (Judge Lynn S. Adelman) by Here the Court held that held that a state trial judge’s refusal to question jurors about the impacts of discussions of the case that occurred in the jury assembly room violated the defendant’s …
Article • May 2, 1999
Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark) by Case held that the standards governing change of venue derive from the Fourteenth Amendment's due process clause which safeguards a defendant's Sixth Amendment rights to a fair trial by "a …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Lawhorne, No. CR. 3:96cr139 (E.D.Va.) (29 F.Supp.2d 292) (November 16, 1998) (Judge Robert E. Payne) by Finding that one juror evinced actual bias in favor of the prosecutor, the Court held that the defendant's rights to a fair trial were violated, that the error was "plain" and that …