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Foster v. Chatman, No. 14-8349 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1737) (May 23, 2016) (Justice (John G.) Roberts)

Article • December 26, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Peremptory Challenges

Foster v. Chatman, No. 14-8349 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1737) (May 23, 2016) (Justice (John G.) Roberts) by In this decision, the Supreme Court held, by a 7-1 vote, that the conviction and death sentence twenty-nine years ago of a young black man, Timothy Tyrone Foster …

U.S. v. Martinez, No. 08-5071-cr (2nd Cir.) (621 F.3d 101) (September 17, 2010) (Judge Denny Chin)

Article • November 1, 2010

Filed under: Punch And Jurists, Gender Based Challenges

U.S. v. Martinez, No. 08-5071-cr (2nd Cir.) (621 F.3d 101) (September 17, 2010) (Judge Denny Chin) by Defendant's convictions for sex trafficking of minors and sex trafficking by force, fraud, or coercion are affirmed where: 1) a defendant in a criminal case may not, consistent with the Constitution, exercise peremptory …

Thaler v. Haynes, No. 09-273 (U.S. Supreme Court) (559 U.S. 43; 130 S.Ct. 1171) (February 22, 2010) (Per Curiam)

Article • March 8, 2010 • from P&J March, 2010

Filed under: Punch And Jurists, Demeanor Based Explanations

Thaler v. Haynes, No. 09-273 (U.S. Supreme Court) (559 U.S. 43; 130 S.Ct. 1171) (February 22, 2010) (Per Curiam) by In another of its growing list of cases that are decided without full briefing or argument, the Supreme Court held, in this unsigned opinion, that a trial judge need not …

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 …

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 …

U.S. v. Martinez-Salazar, No. 94-10158 (9th Cir.) (146 F.3d 653) (May 28, 1998) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Martinez-Salazar, No. 94-10158 (9th Cir.) (146 F.3d 653) (May 28, 1998) (Judge Michael Daly Hawkins) by In this decision, the Court relied upon the Supreme Court's ruling in Ross v. Oklahoma, 487 U.S. 81 (1998). In that case, the Court held that the loss of peremptory challenges is …

U.S. v. Love, No. 95-5760 (4th Cir.) (134 F.3d 595) (January 20, 1998) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Love, No. 95-5760 (4th Cir.) (134 F.3d 595) (January 20, 1998) (Judge J. Harvie III Wilkinson) by Here, although the Court joined with other Circuits in "encouraging strict adherence" to Fed.R.Crim.P. 24(c) dealing with the use of peremptory challenges, it held that the defendant had suffered no prejudice …

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam) by At first blush, this decision appears to be nothing more than a routine denial of an en banc rehearing of a previously reported case. In U.S. v. Underwood, 122 F.3d 389 (7th Cir. 1997) …

U.S. v. Underwood, No. 95-2155 (7th Cir.) (122 F.3d 389) (August 7, 1997) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Underwood, No. 95-2155 (7th Cir.) (122 F.3d 389) (August 7, 1997) (Judge Jesse E. Eschbach) by In this case, the Seventh Circuit reversed four convictions because the district court's (Judge Alesia) standard procedures for allowing defendants to exercise their peremptory challenges were so confusing and so misleading that …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by In this decision, an en banc Court reconsiders and then reaffirms its long standing principle that automatic reversal of a conviction is required when a trial court erroneously deprives a criminal defendant …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by Here the en banc Ninth Circuit strongly affirmed its standing rule that a criminal defendant is automatically entitled to have his conviction vacated if the trial court erroneously deprives him of the …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by In this decision, an en banc Court reconsiders and then reaffirms its long standing principle that automatic reversal of a conviction is required when a trial court erroneously deprives a criminal defendant …