VOIR#DIRE# # IN# # # LOUISIANA#CRIMINAL#TRIALS# # # # # # # #
|
|
- Jodie West
- 6 years ago
- Views:
Transcription
1 VOIRDIRE IN LOUISIANACRIMINALTRIALS DennisJ.Waldron Judge(Retired) OrleansParishCriminalCourt January20,2016
2 I. RIGHT TO VOIR DIRE EXAMINATION A. For Defense LA. Constitution Art. 1 Sec 17 (A) provides a right to full Voir Dire examination of prospective jurors and to challenge jurors peremptorily. B. For Prosecution LA C. Cr. P. Art. 786 provides the court, the state and the defendant shall have the right to examine prospective jurors. The scope of the examination shall be within the discretion of the court. C. Improper Curtailment of Voir Dire Examination by Defense 1. Brumley 320 So 2d 129 (LA 1975) 2. Dyer 682 So 2d 278 (LA App 1 st. Cir.) 3. Parker 76 So 3d 55 (LA App 4 th Cir.) D. No improper curtailment of Voir Dire examination by defense 1. Williams 101 So 3d 105 (LA App 4 th Cir.) E. Individual Voir Dire 1. Copeland 530 So 2d 526 (LA 1988) a. Discretionary call for trial judge b. Absent a showing of special circumstances, judge may refuse request c. Fact that it is a capital case does not in and of itself establish the existence of special circumstances. 2. Berniardo 163 So 3d 71 (LA App 4 th Cir.) No basis for allowing individual Voir Dire. Second degree murder conviction affirmed. F. Can judge place time limit on Voir Dire? Yes, as long as it s reasonable and there is no abuse of discretion. 1. Royal 807 So 2d 962 (LA 5 th Cir.) 2. Nora 143 So 3d 1237 (LA. App. 4 th Cir.) G. Length of Voir Dire without recess may be improper. 1. Allen 800 So 2d 378 (LA App. 4 th Cir.) II. Swearing of Jurors A. Prospective jurors shall first be sworn to answer all questions truthfully. LA C. Cr. P. Art. 786
3 1. Jury trial formally commences when first prospective juror so sworn LA C. Cr. P. Art.761 B. Jurors selected to serve on jury shall be sworn to be fair and impartial twice. 1. Shall be first sworn immediately upon being accepted by both sides LA C. Cr. P. Art When entire jury selected, jurors shall again be so sworn. LA. C. Cr.P. At. 790 a. It is at this point that jeopardy attaches. LA C. Cr. P. Art. 591 III. Peremptory Challenges A. Each side entitled to six (6) for six (6) person jury and twelve (12) for twelve person jury. LA. C. Cr. P. Art B. Shall be made and communicated to the court in side bar conference LA. C. Cr. P. Art. 795 (B) (2) 1. LA Supreme Court rule peremptory challenges shall be written. 2. Co- defendants attorneys shall be allowed to confer privately with each other so as to allow peremptory challenges to be exercised in intelligent fashion. Reversible error not to allow consultation between attorneys. Nelson 85 So 3d 21 (LA 2012); Kennedy 584 So 2d 702 (LA App. 1 st Cir.) C. Cannot be based solely upon race or gender- LA. C. Cr. P. Art. 795 (c) 1. Batson v. Kentucky 106 S. Ct (1986) a. Racial discrimination 2. Alabama v. J. E. B. 114 S. Ct (1994) a. Gender discrimination 3. Powers v. Ohio 111 S. Ct (1991) a. Race of defendant not relevant in deciding if there is Batson violation by prosecutor. White defendant may challenge prosecutor peremptorily excusing black juror. (Same rule will apply to gender based challenges.) D. Reverse Batson challenges prohibited 1. Georgia v. McCollum 112 S. Ct (1992)
4 2. LA C. Cr. P. Art. 795 (c) E. Proceeding and ruling on claim of purposeful discriminatory use of peremptory challenges. 1. LA. C. Cr. P. Art. 795 (c) (e) a. Party must object and make prima facie case of discrimination b. Race/gender neutral reason for exercising peremptory challenge must then be determined to exist; otherwise thye peremptory challenge will not be allowed. 2. Miller El v. Drietke 125 S. Ct (2005) a. Objecting party may rely on all relevant circumstances in making out a prima case of purposeful discrimination including evidence outside the four corners of the case (statistical analysis of the venire, side- by- side comparison of struck and empaneled jurors, disparate questioning and evidence of historical discrimination.) b. Discriminatory intent established. Prosecution struck 10 of 11 eligible black jurors. 3. Collier 553 So. 2d 815 (LA 1989) a. First Louisiana Supreme Court ruling where purposeful discrimination is found. The record in this case strongly suggests that the prosecutor, already frustrated in defendant s first trial for armed robbery by a hung jury which included three black citizens, pursued a strategy in the second trial of limiting the number of blacks on jury to two; thus making conviction possible even if both blacks voted to acquit. The court noted in footnote 14 that it is not suggesting that jurors tend to vote strictly on racial grounds. However, the court says it does consider whether the prosecutor s belief that black jurors will vote for black defendants played a role in prosecutor s motive. Court must attempt to derive true intent of the prosecutor in exercising his challenges. 4. Maxwell 17 So. 3d 505 (LA App. 4 th Cir.) Batson violation. In deciding if purposeful discrimination has been established, court must carefully scrutinize the plausibility of party s explanation for peremptory strike by evaluating the party s credibility. This is
5 done by assessing not only whether the party s demeanor belies a discriminatory intent but also whether the juror s demeanor can credibly be said to have to have exhibited a basis or the striking. (citing Snyder v. Louisiana 128 S. Ct. 1203) (2008) 5. No Batson Violations a. Bender 152 So 3d 126 (LA. 2014) b. Miller 160 So 3d 1069 (LA App. 4 th Cir) IV. Challenges for Cause A. General LA. C. Cr. P. Art Juror lacks basic qualifications 2. Juror not impartial 3. Juror related to one of parties 4. Juror cannot accept law 5. Juror served on Grand Jury that found the indictment or on Petit Jury where defendant was on trial B. Specific Only for State LA. C. Cr. P. At Juror is prejudiced against law involved. 2. Against the death penalty if it is a capital case a. Would automatically vote for life b. Cannot be impartial due to attitude about death penalty 3. Cannot convict upon circumstantial evidence C. Burton 43 So. 3d 1073 (LA App. 4 th Cir) Challenges for cause should be granted even when prospective juror declares his ability to remain impartial, if the juror s responses, as a whole, reveal facts from which bias, prejudice, or inability to render judgements according to law may be reasonable implied. D. Police officers are not to be automatically excused for cause 1. Deruise 802 So 2d 1224 (LA 2001) 2. Boyd 104 So. 3d 642 (LA App 4 th Cir) 3. Aguillard 158 So 3d 976 (LA App 4 th Cir) If officer worked with witnesses and investigators in case to be tied; then he must be excused
6 V. Removal of Jurors after swearing A. LA. C. Cr. Pro. Art. 796 Juror determined to be incompetent can be replaced with another juror (prior to first witness being sworn) B. Back Strikes 1. C. Cr. P. Art Taylor 669 So. 2d 364 (LA 1996) 3. Frith 151 So 3d 946 (LA App. 4 th Cir) 4. Lewis 112 So 3d 796 (LA. 2013) 5. Patterson 112 So 3d 806 (LA. 2013) VI. VII. Tales Jurors A. LA C. P. Art. 785 Alternate Jurors A. LA C. Cr. P. Art. 789
OUTLINE JURY SELECTION AND VOIR DIRE THE ROSSDALE GROUP CLE OCTOBER 23, 2013
OUTLINE JURY SELECTION AND VOIR DIRE THE ROSSDALE GROUP CLE OCTOBER 23, 2013 IRVING J. WARSHAUER GAINSBURGH, BENJAMIN, DAVID, MEUNIER & WARSHAUER, L.L.C. 2800 Energy Centre 1100 Poydras Street New Orleans,
More informationALABAMA COURT OF CRIMINAL APPEALS
REL: 12/17/2010 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More informationBRIEF IN OPPOSITION TO WRIT OF CERTIORARI
No. 16-8255 IN THE SUPREME COURT OF THE UNITED STATES ROBERT McCOY, Petitioner V. STATE OF LOUISIANA, Respondent BRIEF IN OPPOSITION TO WRIT OF CERTIORARI OFFICE OF THE DISTRICT ATTORNEY 26TH JUDICIAL
More informationNo. IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2015 CHRISTOPHER FLOYD, STATE OF ALABAMA,
No. IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2015 CHRISTOPHER FLOYD, v. Petitioner, STATE OF ALABAMA, Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE ALABAMA SUPREME COURT PETITION
More informationJURY SELECTION (CRIMINAL)
JURY SELECTION (CRIMINAL) 1. Qualifications Qualifications for jurors in all cases, criminal and civil, are established by G.S. 9-3. A person who is not qualified under that statute is subject to a challenge
More informationSUPREME COURT OF THE UNITED STATES
Cite as: U. S. (1998) 1 SUPREME COURT OF THE UNITED STATES No. 96 1584 TERRY CAMPBELL, PETITIONER v. LOUISIANA ON WRIT OF CERTIORARI TO THE COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT [April 21, 1998]
More informationTREVINO v. TEXAS. on petition for writ of certiorari to the court of criminal appeals of texas
562 OCTOBER TERM, 1991 TREVINO v. TEXAS on petition for writ of certiorari to the court of criminal appeals of texas No. 91 6751. Decided April 6, 1992 Before jury selection began in petitioner Trevino
More informationReligious Beliefs, Motion for Voir Dire on Sentence Length, and Motion for Voir
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CRIMINAL COURT DEPARTMENT STATE OF KANSAS, Plaintiff, VS. FRAZIER GLENN CROSS, JR., Defendant. 14CR853 Div. 17 STATE S BRIEF RE: JURY SELECTION COMES NOW
More informationCommonwealth Of Kentucky. Court of Appeals
RENDERED: February 13, 2004; 2:00 p.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2002-CA-002517-MR LASHANE MAURICE MORRIS a/k/a LASHOAN MAURICE MORRIS APPELLANT APPEAL FROM JEFFERSON
More informationCommonwealth of Kentucky Court of Appeals
RENDERED: APRIL 30, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000193-MR ROBERT COBB APPELLANT APPEAL FROM FULTON CIRCUIT COURT v. HONORABLE CHARLES W. BOTELER,
More informationCERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA D074028
Filed 4/9/19 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Petitioner, v. D074028 (San Diego County Super. Ct. No. CR136371) THE SUPERIOR
More informationCHALLENGES Batson v. Kentucky*
THE THREATENED FUTURE OF PEREMPTORY CHALLENGES Batson v. Kentucky* I. INTRODUCTION The United States Supreme Court has rendered numerous decisions in its effort to eliminate racial discrimination from
More informationNo. IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2016 CHRISTOPHER FLOYD, STATE OF ALABAMA,
No. IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2016 CHRISTOPHER FLOYD, v. Petitioner, STATE OF ALABAMA, Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE ALABAMA SUPREME COURT PETITION
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 545 U. S. (2005) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationUNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER DENYING CERTIFICATE OF APPEALABILITY *
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS TENTH CIRCUIT February 6, 2009 Elisabeth A. Shumaker Clerk of Court MONSEL DUNGEN, Petitioner - Appellant, v. AL ESTEP;
More informationIn the Supreme Court of the United States
No. 13-1428 In the Supreme Court of the United States KEVIN CHAPPELL, WARDEN, Petitioner, v. HECTOR AYALA, Respondent. On Petition For a Writ of Certiorari to the United States Court of Appeals for the
More informationSTRENGHTENING BATSON CHALLENGES WITH THE MSU STUDY By Cassandra Stubbs, ACLU Capital Punishment Project Durham, North Carolina
STRENGHTENING BATSON CHALLENGES WITH THE MSU STUDY By Cassandra Stubbs, ACLU Capital Punishment Project Durham, North Carolina Introduction With Batson v. Kentucky, the United Supreme Court created a burden
More informationNo. IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, RONNIE KIRKSEY, Petitioner, STATE OF ALABAMA, Respondent.
No. IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2015 RONNIE KIRKSEY, Petitioner, v. STATE OF ALABAMA, Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE ALABAMA COURT OF CRIMINAL APPEALS
More informationNo. 71,606 COURT OF CRIMINAL APPEALS OF TEXAS. 885 S.W.2d 421. December 8, 1993, Delivered
THE STATE OF TEXAS EX REL. TIM CURRY, CRIMINAL DISTRICT AT- TORNEY FOR TARRANT COUNTY, RELATOR v. HON. WALLACE BOW- MAN, JUDGE COUNTY CRIMINAL COURT NUMBER FOUR OF TARRANT COUNTY, RESPONDENT No. 71,606
More informationOverview of Pretrial & Trial Procedure. Basic Concepts. What is Proof (Evidence) David Hamilton City Attorney Reno & Honey Grove Tx.
Overview of Pretrial & Trial Procedure David Hamilton City Attorney Reno & Honey Grove Tx Basic Concepts PresumptionofInnocence:BurdenonStateto erase presumption by proof Beyond a Reasonable Doubt. Absolute
More informationUNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT JASON SCOTT BYRAM, Petitioner-Appellant, v. JON E. OZMINT, Director, South Carolina Department of Corrections; HENRY DARGAN MCMASTER, Attorney
More informationJUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS
JUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS As a Juror, there are certain responsibilities you will be asked to fulfill. A Juror must be prompt. A trial cannot begin or continue
More informationTexas Trial Lawyers Association Presented: TRIAL SKILLS CLE SEMINAR. February 11-12, 2016 New Orleans, LA. Voir Dire in Texas
Texas Trial Lawyers Association Presented: TRIAL SKILLS CLE SEMINAR February 11-12, 2016 New Orleans, LA Voir Dire in Texas JOSH P. DAVIS Josh Davis Law Firm 1010 Lamar, Ste. 200 Houston, Texas 77002 713-337-4100
More informationSTUDENT STUDY GUIDE CHAPTER SIX
Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER SIX 1. The Sixth Amendment guarantees a trial by jury for. a. all felony cases b. all misdemeanor cases c. all civil cases d. all of the above 2. In,
More informationCOURT OF APPEALS THIRD APPELLATE DISTRICT HANCOCK COUNTY PLAINTIFF-APPELLEE CASE NUMBER
COURT OF APPEALS THIRD APPELLATE DISTRICT HANCOCK COUNTY STATE OF OHIO PLAINTIFF-APPELLEE CASE NUMBER 5-99-25 v. SAMUEL REED O P I N I O N DEFENDANT-APPELLANT CHARACTER OF PROCEEDINGS: Criminal Appeal
More informationCriminal Litigation: Step-By-Step
Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step Path of Criminal Cases in Queens Commencement Arraignment Pre-Trial Trial Getting The Defendant Before The Court! There are four
More informationAlpena County. Version 1.0 JURY DUTY HANDBOOK
2010 Alpena County Version 1.0 JURY DUTY HANDBOOK Jury trials have been an important part of the American legal system for over two centuries. They are an integral part of the laws which protect the fundamental
More informationRace and Recalcitrance: The Miller-El Remands
Race and Recalcitrance: The Miller-El Remands Sheri Lynn Johnson * In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although
More informationNew York County Lawyers Association
New York County Lawyers Association 14 Vesey Street New York, NY 10007-2992 (212) 267-6646 Fax (212) 406-9252 www.nycla.org President Michael Miller President-Elect Norman L. Reimer Vice President Edwin
More informationState v. Davis: Peremptory Strikes and Religion?The Unworkable Peremptory Challenge Jurisprudence
Brigham Young University Journal of Public Law Volume 9 Issue 2 Article 5 3-1-1995 State v. Davis: Peremptory Strikes and Religion?The Unworkable Peremptory Challenge Jurisprudence D. Scott Crook Follow
More informationSUPREME COURT OF THE UNITED STATES
SUPREME COURT OF THE UNITED STATES UNITED STATES OF AMERICA, ) Appeal from the ) United States Court of Appeals Respondent, ) for the Fourteenth Circuit ) ) v. ) ) ) DANNY OCEAN, ) ) Petitioner. ) ) BRIEF
More information25 F.3d 363 Leo KELLY, Jr., Petitioner-Appellant, v. Pamela WITHROW, Warden, Respondent-Appellee. No
25 F.3d 363 Leo KELLY, Jr., Petitioner-Appellant, v. Pamela WITHROW, Warden, Respondent-Appellee. No. 93-1704. United States Court of Appeals, Sixth Circuit. Argued April 25, 1994. Decided June 2, 1994.
More informationFollow this and additional works at: Part of the Criminal Law Commons
Golden Gate University Law Review Volume 23 Issue 1 Ninth Circuit Survey Article 12 January 1993 Criminal Procedure - United States v. De Gross: The Ninth Circuit Expands Restrictions on a Criminal Defendant's
More informationIN THE COURT OF CRIMINAL APPEALS OF TEXAS
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-100-10 CHRISTOPHER CONNLEY DAVIS, Appellant v. THE STATE OF TEXAS ON DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY Womack, J.,
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No P. versus. WARDEN, Respondent Appellee.
Case: 17-14027 Date Filed: 04/03/2018 Page: 1 of 10 KEITH THARPE, IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 17-14027-P versus Petitioner Appellant, WARDEN, Respondent Appellee.
More informationIntroduction How Jurors are Selected Qualifications Exemptions. Your Role As A Juror Sequence of a Trial Petit and Grand Juries
Hand Book for Jurors Introduction How Jurors are Selected Qualifications Exemptions Your Role As A Juror Sequence of a Trial Petit and Grand Juries Payment for Jury Duty Length of Service Dress Attire
More informationNo. 06SC99, Craig v. Carlson Successor Court May Conduct Post- Trial Batson Hearing when Nondiscriminatory Reason for Strike Confirmed by Record
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us/supct/supctcaseannctsindex.htm and are posted on the
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No P. versus
Case: 17-14027 Date Filed: 09/21/2017 Page: 1 of 9 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 17-14027-P KEITH THARPE, WARDEN, Georgia Diagnostic and Classification Prison, versus
More informationCase 6:13-cr JAJ-KRS Document 245 Filed 05/30/14 Page 1 of 17 PageID 1085 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
Case 6:13-cr-00099-JAJ-KRS Document 245 Filed 05/30/14 Page 1 of 17 PageID 1085 UNITED STATES OF AMERICA, v. JAMES FIDEL SOTOLONGO, et al., UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO
More informationCHAPTER 8 The Courtroom Work Group and the Criminal Trial. Teaching Outline. I. Introduction (p.226)
CHAPTER 8 The Courtroom Work Group and the Criminal Trial Teaching Outline I. Introduction (p.226) II. The Courtroom Work Group: Professional Courtroom Actors (p.226) Trial : In criminal proceedings, the
More informationCriminal Litigation: Step-By-Step
Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step 2 Getting Defendant Before The Court! There are four methods to getting the defendant before the court 1) Warrantless Arrest 2)
More informationCircuit Court for Baltimore County Case No. K UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2015
Circuit Court for Baltimore County Case No. K14-5479 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2349 September Term, 2015 UKEENAN NAUTICA THOMAS v. STATE OF MARYLAND Nazarian, Shaw Geter,
More informationCOMMONWEALTH vs. NARDO LOPES. No. 12-P Suffolk. February 3, June 15, Present: Kafker, C.J., Rubin, & Agnes, JJ.
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal
More informationUNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA ) ) No. 13-CR GAO v. ) ) DZHOKHAR TSARNAEV )
Case 1:13-cr-10200-GAO Document 745 Filed 12/15/14 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA ) ) No. 13-CR-10200-GAO v. ) ) DZHOKHAR TSARNAEV ) MOTION
More informationHolland v. Illinois: A Sixth Amendment Attack on the Use of Discriminatrory Peremptory Challenges
Catholic University Law Review Volume 40 Issue 3 Spring 1991 Article 13 1991 Holland v. Illinois: A Sixth Amendment Attack on the Use of Discriminatrory Peremptory Challenges Alice Biedenbender Follow
More informationTitle 15: COURT PROCEDURE -- CRIMINAL
Title 15: COURT PROCEDURE -- CRIMINAL Chapter 203: JURIES Table of Contents Part 3. TRIALS... Section 1251. LIST OF GRAND JURORS... 3 Section 1252. OATHS... 3 Section 1253. AFFIRMATIONS... 3 Section 1254.
More informationPRESERVING THE RECORD ON APPEAL
PRESERVING THE RECORD ON APPEAL These training materials were originally written by Danielle M. Carman, Assistant Director and General Counsel, Office of Indigent Defense Services, and updated by Anne
More informationCOURT RULES OF JURY PROCEDURE CHAPTER 11
COURT RULES OF JURY PROCEDURE CHAPTER 11 TABLE OF CONTENTS Section 1. Purpose...2 Section 2. Definitions...2 Section 3. Obtaining Jurors for Service in Civil Matters...4 Section 4. Obtaining Jurors for
More informationUNITED STATES COURT OF APPEALS
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 16a0285p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, v. GEREMY ATKINS, Plaintiff-Appellee,
More informationFourteenth Amendment--Peremptory Challenges by Defendants and the Equal Protection Clause
Journal of Criminal Law and Criminology Volume 83 Issue 4 Winter Article 9 Winter 1993 Fourteenth Amendment--Peremptory Challenges by Defendants and the Equal Protection Clause Michele A. Gemskie Follow
More informationVOIR DIRE RECENT CASES AND SOME THOUGHTS. By Robert C. Bonsib, Esq. and Megan E. Coleman, Esq.
VOIR DIRE RECENT CASES AND SOME THOUGHTS By Robert C. Bonsib, Esq. and Megan E. Coleman, Esq. Voir dire begins the criminal jury trial. The composition of the members chosen to serve on the jury may ultimately
More informationBATSON CHALLENGES IN CRIMINAL CASES: AFTER SNYDER V. LOUISIANA, IS SUBSTANTIAL DEFERENCE TO THE TRIAL JUDGE STILL REQUIRED?
BATSON CHALLENGES IN CRIMINAL CASES: AFTER SNYDER V. LOUISIANA, IS SUBSTANTIAL DEFERENCE TO THE TRIAL JUDGE STILL REQUIRED? BOBBY MARZINE HARGES* INTRODUCTION: APPLYING BATSON IN THE TWENTY-FIRST CENTURY
More informationCHAPTER. Criminal Trial. Upper Saddle River, NJ 07458
CHAPTER 10 Criminal Trial 1 The Criminal Trial START HERE 2009 Pearson Education, Inc 2 Review 3 The Nature and Purpose of the Criminal Trial: The trial process is highly formalized and governed by rules
More informationIN SUPPORT OF RESPONDENT
No. 07-9995 In tbe upreme ourt of tbe Wniteb tate MICHAEL RIVERA, PETITIONER THE PEOPLE OF THE STATE OF ILLINOIS, RESPONDENT ON WRIT OF CERTIORARI TO THE SUPREME COURT OF ILLINOIS BRIEF AMICUS CURIAE OF
More informationNo. 51,778-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *
Judgment rendered January 10, 2018. Application for rehearing may be filed within the delay allowed by Art. 992, La. C. Cr. P. No. 51,778-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * *
More informationUnited States Supreme Court Term: Cases Affecting Criminal Law and Procedure
2004-2005 United States Supreme Court Term: Cases Affecting Criminal Law and Procedure Robert L. Farb Institute of Government Fourth Amendment Issues Walking Drug Dog Around Vehicle While Driver Was Lawfully
More information2 of 3 DOCUMENTS. STATE OF NEW MEXICO, Plaintiff-Appellee, v. GUADALUPE FLORES, Defendant-Appellant. NO. 32,709 COURT OF APPEALS OF NEW MEXICO
Page 1 2 of 3 DOCUMENTS STATE OF NEW MEXICO, Plaintiff-Appellee, v. GUADALUPE FLORES, Defendant-Appellant. NO. 32,709 COURT OF APPEALS OF NEW MEXICO 2014 N.M. App. LEXIS 95 September 23, 2014, Filed NOTICE:
More informationReaching Batson's Challenge Twenty-Five Years Later: Eliminating the Peremptory Challenge and Loosening the Challenge for Cause Standard
University of Maryland Law Journal of Race, Religion, Gender and Class Volume 11 Issue 1 Article 7 Reaching Batson's Challenge Twenty-Five Years Later: Eliminating the Peremptory Challenge and Loosening
More informationNo IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ) ) ) ) ) ) ) ) ) BRIEF AND ARGUMENT FOR DEFENDANT-APPELLANT
No. 1-03-3550 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, -vs- TERANT PEARSON, Defendant-Appellant. ) ) ) ) ) ) ) ) ) Appeal from the Circuit
More informationIN THE SUPERIOR COURT OF FULTON C ATLANTA JUDICIAL CIRCUIT STATE OF GEORGIA * * * JUDGE SHAWN ELLEN LaGRUA
COpy IN THE SUPERIOR COURT OF FULTON C ATLANTA JUDICIAL CIRCUIT STATE OF GEORGIA FILED IN OFFICE TYFEB 1 7 2017 INRE: CRIMINAL CASE MANAGEMENT * JUDGE SHAWN ELLEN LaGRUA * * STANDING CASE MANAGEMENT ORDER
More informationChapter 28. Selecting the Jury at Trial: The Voir Dire
Chapter 28 Selecting the Jury at Trial: The Voir Dire 28.01 INTRODUCTION In a jury trial, the voir dire is the process by which the actual trial jurors (and alternates) are selected from the jury panel.
More informationIN THE SUPREME COURT, STATE OF WYOMING 2018 WY 23
IN THE SUPREME COURT, STATE OF WYOMING BRANDON D. ROBERTS, Appellant (Defendant), 2018 WY 23 OCTOBER TERM, A.D. 2017 February 27, 2018 v. S-17-0112 THE STATE OF WYOMING, Appellee (Plaintiff). Appeal from
More informationSUPREME COURT OF THE UNITED STATES
Cite as: U. S. (1998) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions,
More informationSpecial Thanks to Daisy Espinoza Administrative Court Clerk, Tarrant County
Texas Justice Court Judges Association Professional Development - October 16, 2017 Texas Justice Court Judges Association Judge Ralph Swearingin Jr. Tarrant County Lancaster Smith Jr.- Attorney at Law
More informationHANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS
HANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS Prepared for the use of trial jurors serving in the United States district courts under the supervision of the Judicial Conference
More informationIN THE SUPREME COURT OF THE UNITED STATES OF AMERICA BONGANI CHARLES CALHOUN PETITIONER UNITED STATES OF AMERICA RESPONDENT
NO. IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA BONGANI CHARLES CALHOUN PETITIONER VS. UNITED STATES OF AMERICA RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS
More informationAmerican Bar Association. Principles for Juries and Jury Trials
American Bar Association Principles for Juries and Jury Trials (revised 2013) PREAMBLE The American jury is a living institution that has played a crucial part in our democracy for more than two hundred
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). STATE OF MINNESOTA IN COURT OF APPEALS A08-1140 State of Minnesota, Respondent, vs. Marcus
More informationThe Current State of the Peremptory Challenge
William & Mary Law Review Volume 39 Issue 3 Article 17 The Current State of the Peremptory Challenge Coburn R. Beck Repository Citation Coburn R. Beck, The Current State of the Peremptory Challenge, 39
More informationPretrial Activities and the Criminal Trial
C H A P T E R 1 0 Pretrial Activities and the Criminal Trial O U T L I N E Introduction Pretrial Activities The Criminal Trial Stages of a Criminal Trial Improving the Adjudication Process L E A R N I
More informationBatson v. Kentucky and J.E.B. v. Alabama ex rel. T.B.: Is the Peremptory Challenge Still Preeminent?
Boston College Law Review Volume 36 Issue 1 Number 1 Article 5 12-1-1994 Batson v. Kentucky and J.E.B. v. Alabama ex rel. T.B.: Is the Peremptory Challenge Still Preeminent? Eric N. Einhorn Follow this
More informationCRIMINAL PRE-TRIAL BEST PRACTICES
CRIMINAL PRE-TRIAL BEST PRACTICES 20 PRE-TRIAL TOPICS EVERY ATTORNEY SHOULD BE PREPARED TO DISCUSS 48 TH ANNUAL CRIMINAL JUSTICE INSTITUTE August 26, 2013 JUDGE ALAN PENDLETON TRIAL ATTORNEY DEDICATION
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED April 24, 2008 v No. 272073 Macomb Circuit Court ALLEN DAVID DANIEL, LC No. 2005-001614-FH Defendant-Appellant.
More informationINSTRUCTIONS AFTER JURY IS SWORN
Revised 10/15/12 INSTRUCTIONS AFTER JURY IS SWORN Ladies and Gentlemen of the jury, you have been selected as the jury in this case. As you know this is a criminal case, and to assist you in better understanding
More informationIn the Supreme Court of the United States
No. 13-1428 In the Supreme Court of the United States KEVIN CHAPPELL, WARDEN, Petitioner, v. HECTOR AYALA, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
More informationTRAVERSE JUROR HANDBOOK
TRAVERSE JUROR HANDBOOK State of Maine Superior Court Constitution of the State of Maine, as Amended ARTICLE I - DECLARATION OF RIGHTS Rights of persons accused: Section 6. In all criminal prosecutions,
More informationIn The Supreme Court of the United States
No. 13-775 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- JEFFERY LEE, v.
More informationJury Selection. JURY SELECTION Bench Book Checklist 7 2 HOW DO WE GET THEM IN THE COURTROOM??????? NOW THAT THE JURORS ARE IN THE COURTROOM
1 Jury Selection JURY SELECTION Bench Book Checklist 7 2 HOW DO WE GET THEM IN THE COURTROOM??????? NOW THAT THE JURORS ARE IN THE COURTROOM WHERE ARE WE GOING TO SEAT THEM?????? HOW MANY????? See Bench
More informationNo. 45,358-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *
Judgment rendered August 11, 2010. Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P. No. 45,358-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * STATE
More informationMotion for Written Pre-Voir Dire Juror Questionnaire
Cleveland State University EngagedScholarship@CSU 19952002 Court Filings 2000 Trial 12211999 Motion for Written PreVoir Dire Juror Questionnaire Terry H. Gilbert Attorney for Sheppard Estate George H.
More informationIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION ROSE SMITH ) ) Plaintiff, ) ) v. ) No. ) BOBBY JONES, M.D. ) ) Defendants. ) PLAINTIFF S MOTION IN LIMINE RELATING TO TIME,
More informationSTATE OF MICHIGAN COURT OF APPEALS
In the Matter of IESHA THOMPSON and KADAJA MIANNE RAY, Minors. STATE OF MICHIGAN COURT OF APPEALS FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, UNPUBLISHED February 27, 1998 v No. 200102 Berrien Juvenile
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 06-0162 444444444444 DONALD DAVIS, PETITIONER, v. FISK ELECTRIC COMPANY, FISK TECHNOLOGIES & FISK MANAGEMENT INC., RESPONDENTS 4444444444444444444444444444444444444444444444444444
More informationIR E b"c ^VI^D JAN CLERKOFGOUR7 IUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO STATE OF OHIO NO Plaintiff-Appellee
IN THE SUPREME COURT OF OHIO STATE OF OHIO Plaintiff-Appellee vs. ANTHONY KIRKLAND Defendant-Appellant NO. 2010-0854 On Appeal From The Hamilton County Court of Common Pleas, Case No. B-0600596 This Is
More informationJury Selection 7/1/14 Page 1 of 14 TABLE OF CONTENTS. 1. Jury list must fairly reflect a cross-section of the community
Jury Selection 7/1/14 Page 1 of 14 TABLE OF CONTENTS 1. Board of Jury Commissioners 1.1 Composition 1.1.1 General rule 1.1.2 Exception 1.2 Qualifications 1.3 Appointment 1.4 Term of service 1.5 Oath of
More informationNo. 47,642-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *
Judgment rendered January 16, 2013. Application for rehearing may be filed within the delay allowed by art. 922, La. C. Cr. P. No. 47,642-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * *
More informationCHRONOLOGICAL OUTLINE OF A CAPITAL MURDER TRIAL
Capital Defense Journal Volume 5 Issue 2 Article 17 Spring 3-1-1993 CHRONOLOGICAL OUTLINE OF A CAPITAL MURDER TRIAL Rhonda L. Overstreet Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlucdj
More informationAmerican Criminal Law and Procedure Vocabulary
American Criminal Law and Procedure Vocabulary acquit: affidavit: alibi: amendment: appeal: arrest: arraignment: bail: To set free or discharge from accusation; to declare that the defendant is innocent
More informationHOW A CRIMINAL CASE PROCEEDS IN FLORIDA
HOW A CRIMINAL CASE PROCEEDS IN FLORIDA This legal guide explains the steps you will go through if you should be arrested or charged with a crime in Florida. This guide is only general information and
More informationJury Discrimination: Batson v. Kentucky, 106 S. Ct (1986)
Marquette Law Review Volume 70 Issue 4 Summer 1987 Article 8 Jury Discrimination: Batson v. Kentucky, 106 S. Ct. 1712 (1986) Carolyn A. Yagla Follow this and additional works at: http://scholarship.law.marquette.edu/mulr
More informationChapter 8. Pretrial and Trial Procedures
Chapter 8 Pretrial and Trial Procedures Legal Marijuana? https://www.youtube.com/watch?v=dq8xyzs mfja Bail Cash bond or other security to ensure appearance in court Allows the release from custody of a
More information2013 IL App (3d) U. Order filed February 15, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 ) ) ) ) ) ) ) ) ) )
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2013 IL App (3d 110049-U Order filed
More informationLaw Day 2005 Judges or Attorney Lesson: To Speak the Truth
Law Day 2005 Judges or Attorney Lesson: To Speak the Truth Lesson Description: This lesson is a simulation of voir dire. It is based on the Scott Peterson Case. The lesson uses, with permission, materials
More informationModerated by: Eugene Felton, Jr., Esq.
Moderated by: Eugene Felton, Jr., Esq. I. Actual Facts Matter II. Damages III. Venue IV. Reputation of Defendant V. Reputation of Plaintiff VI. Costs of Litigation VII. Immunity Issues Screening for Successful
More informationBRIEF IN OPPOSITION TO PETITION FOR A WRIT OF CERTIORARI CAPITAL CASE. No IN THE SUPREME COURT OF THE UNITED STATES RANDY WHITE, WARDEN
No. 14-1372 IN THE SUPREME COURT OF THE UNITED STATES RANDY WHITE, WARDEN v Petitioner ROGER L. WHEELER Respondent On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth
More informationArticle IX DISCIPLINE By-Law and Manual of Procedure
NOTICE 10-01-13 The following By-Laws, Manual and forms became effective August 28, 2013, and are to be used in all Disciplinary cases until further notice. Article IX DISCIPLINE By-Law and Manual of Procedure
More informationJ.E.B. v. Alabama ex. rel. T.B. and the Fate of the Peremptory Challenge
NORTH CAROLINA LAW REVIEW Volume 73 Number 2 The University of North Carolina School of Law: A Sesquicentennial History Article 4 1-1-1995 J.E.B. v. Alabama ex. rel. T.B. and the Fate of the Peremptory
More informationIN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. v. No. 28,286
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 1-0 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 13-0409 444444444444 IN THE INTEREST OF M.G.N. AND A.C.N., MINOR CHILDREN 4444444444444444444444444444444444444444444444444444 ON PETITION FOR REVIEW FROM
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 26, 2006 v No. 260543 Wayne Circuit Court OLIVER FRENCH, JR., LC No. 94-010499-01 Defendant-Appellant.
More information