Berghuis v. Smith, USSC No. 08-1402, 3/30/10 Defendants have Sixth Amendment right to impartial jury drawn from fair cross section of community. To establish prima facie violation of this “fair-cross-section,” requirement, a defendant must prove that: (1) a group qualifying as “distinctive” (2) is not fairly and reasonably represented in jury venires, and (3) “systematic… Read more
5. Particular issues
7th circuit court of appeals decision; habeas review of: Wis court of appeals decision, 03AP3252 Habeas – Supplement Record … Although we generally decline to supplement the record on appeal with materials not before the district court, we have not applied this position categorically. See, e.g., Ruvalcaba v. Chandler, 416 F.3d 555, 562 n.2 (7th Cir. 2005) (in habeas… Read more
Johnbull K. Osagiede v. USA, 7th Cir No. 07-1131, 9/9/08 Issue/Holding: Counsel’s ignorance of VCCR Art. 36 rights available to foreign national client was deficient: Osagiede’s claim is a common one in Sixth Amendment cases. In essence, Osagiede argues that his lawyer should have been aware of his legal rights under Article 36 and should have… Read more
