Felkner v. Steven Frank Jackson, USSC No. 10-797, 3/31/11 On habeas review under 28 U.S.C. § 2254, the court of appeals failed to give sufficient deference to the state court determination that the prosecutor had race-neutral reasons for striking 2 of 3 black prospective jurors. The prosecutor struck one juror because she had an MSW, and… Read more
B. Selection process
7th circuit court of appeals decision Batson Challenge Scope of the remand inquiry for the government to proffer nonracial justification for striking a minority juror is limited to the original reason offered during voir dire, new post hoc justifications being inadmissible. Miller-El v. Dretke, 545 U.S. 231 (2005), discussed and followed: … Accordingly, Miller-El II… Read more
court of appeals decision; for Sellhausen: Byron C. Lichstein; case activity Issues (formulated by On Point): Whether a trial judge has a sua sponte duty to strike a prosepctive juror who is an in-law of the judge. Whether defense counsel’s use of a peremptory strike to remove the judge’s in-law renders harmless any error in the… Read more
State v. Sharon A. Sellhausen, 2010 WI App 175, reversed, 2012 WI 5; for Sellhausen: Byron C. Lichstein; case activity ¶1 Sharon Sellhausen appeals her jury conviction based on the presence of the presiding judge’s daughter-in-law on the panel of potential jurors. The daughter-in-law was not seated on the jury because Sellhausen’s… Read more
decision below: unpublished summary disposition; for Funk: Michele Anne Tjader Issue (from Table of Pending Cases): Whether a juror was subjectively and/or objectively biased under the test set forth in State v. Delgado, 223 Wis. 2d 270, 588 N.W.2d 1 (1999). Briefs, appellate decision, petition for review: none is posted, so you can’t readily tell… Read more
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
Thaler v. Haynes, USSC No. 09–273, 2/22/10 (per curiam) Nothing in Supreme Court caselaw clearly requires “that a demeanor-based explanation for a peremptory challenge must be rejected unless the judge personally observed and recalls the relevant aspect of the prospective juror’s demeanor.” In other words, there’s no requirement that the judge have been present during… Read more
State v. Mark H. Tody, 2009 WI 31, reversing unpublished opinion For Tody: Byron C. Lichstein, UW Law School Issue/Holding: ¶32 … The correct principle of law that should have guided the circuit court judge is that a circuit court judge should err on the side of dismissing a challenged juror when the challenged juror’s presence may… Read more
