Batson V. Kentucky

288 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Roberts v. State
  568 So. 2d 1255· Fla.· 1990-09-06 ·cited 171×
  Rickey Bernard Roberts, a death row inmate convicted of first-degree murder, armed sexual battery, and armed kidnapping, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and a writ of habeas corpus challenging his conviction and death sentence. The Flor
• United States v. Phyliss Briscoe
  896 F.2d 1476· 7th Cir.· 1990-02-26 ·cited 164×
  The admission of a co-defendant's statement, even if it implicates the defendant, does not violate the Confrontation Clause if the violation is harmless error.
• Windom v. State
  656 So. 2d 432· Fla.· 1995-04-27 ·cited 163×
  Curtis Windom was convicted of three counts of first-degree murder and one count of attempted first-degree murder in connection with a shooting spree in Winter Garden, Florida on February 7, 1992. The Florida Supreme Court affirmed his three death sentences and consecutive 22-yea
• Hill v. Humphrey
  662 F.3d 1335· 11th Cir.· 2011-11-22 ·cited 148×
  The concurring opinion argues that the petitioner's claim, alleging a due process violation in a state post-conviction proceeding, is not cognizable in federal habeas corpus. While acknowledging the Supreme Court precedent prohibiting the execution of mentally retarded individual
• In & for New Castle Cnty.
  1997 WL 27094· Del. Super. Ct.· 2014-04-30 ·cited 125×
  The court denied the defendant's motion for postconviction relief, finding that most of his claims were procedurally barred under Superior Court Criminal Rule 61. The court applied the Strickland v. Washington standard to the defendant's ineffective assistance of counsel claims,
• United States v. Thurnell Alston
  895 F.2d 1362· 11th Cir.· 1990-03-08 ·cited 125×
  The court held that a defendant must satisfactorily establish concrete facts for comparison to prove pretext in a Batson claim.
• United States v. Cresta
  825 F.2d 538· 1st Cir.· 1987-07-23 ·cited 92×
• Abshire v. State
  642 So. 2d 542· Fla.· 1994-06-30 ·cited 86×
  Michael Abshire was convicted of first-degree murder and sentenced to death, but the Florida Supreme Court reversed and vacated the sentence because the prosecutor systematically excluded women from the jury through gender-based peremptory challenges in violation of the Equal Pro
• United States v. Vaccaro
  816 F.2d 443· 9th Cir.· 1987-04-29 ·cited 85×
  The court held that joinder of defendants was proper, severance was not required, and evidence of other crimes was admissible under Rule 404(b). Aiding and abetting violations of the Travel Act do not require proof of knowledge of interstate facility use.
• United States v. Loretta Walton (89-1862)
  908 F.2d 1289· 6th Cir.· 1990-07-18 ·cited 84×
  The court held that a witness's passing, unprompted reference to a polygraph examination, followed by a curative instruction, was harmless error. It also held that the defendants did not establish a prima facie case of racial discrimination in the prosecution's use of peremptory
• United States v. Spiver Whitney Gordon
  817 F.2d 1538· 11th Cir.· 1987-06-02 ·cited 75×
  The court held that the defendant is entitled to an evidentiary hearing on his claims of selective prosecution and discriminatory use of peremptory challenges, requiring a remand for further proceedings.
• Amos Lee King, Jr. v. State
  514 So. 2d 354· Fla.· 1987-09-24 ·cited 70×
  Amos Lee King, Jr. appeals his death sentence imposed after resentencing ordered by the Eleventh Circuit due to ineffective assistance of counsel at the penalty phase. The Florida Supreme Court affirms the death sentence, addressing King's claims regarding jury composition, evide
• Truehill v. State
  211 So. 3d 930· Fla.· 2017-02-23 ·cited 67×
  Quentin Truehill was convicted of the kidnapping and murder of Vincent Binder during a multi-state crime spree and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, addressing various appellate claims including jury selection, evidence adm
• United States v. Clemons
  843 F.2d 741· 3d Cir.· 1988-03-31 ·cited 64×
  The court held that the prosecutor's explanation for striking black jurors was race-neutral and complied with Batson, and that while the jury instruction on the witness intimidation statute was problematic, any error was harmless.
• United States v. Montgomery
  819 F.2d 847· 8th Cir.· 1987-05-26 ·cited 64×
  The court held that the defendant's conviction is affirmed, but the case must be remanded for resentencing because the government conceded that the defendant was improperly sentenced under the Armed Career Criminal Act due to multiple convictions arising from a single criminal ep
• United States v. Allison
  908 F.2d 1531· 11th Cir.· 1990-08-17 ·cited 61×
  The court held that the prosecutor's stated reasons for striking African-American jurors were insufficient to rebut the prima facie case of discrimination established by the defendant.
• Reynolds v. State
  576 So. 2d 1300· Fla.· 1991-01-31 ·cited 59×
  The Florida Supreme Court held that when a prosecutor peremptorily strikes the only minority venire member available for jury service, the trial court must require the state to justify the strike once the defense objects under the Neil doctrine. The court resolved conflicting app
• United States v. Thompson
  827 F.2d 1254· 9th Cir.· 1987-09-10 ·cited 59×
  The dissenting judge argues that the majority's procedural requirements for Batson challenges are overly burdensome and that trial courts should have discretion in determining the type of hearing.
• United States v. Dennis
  804 F.2d 1208· 11th Cir.· 1986-11-24 ·cited 59×
  The court held that the appellants failed to establish a prima facie case of purposeful discrimination in the government's exercise of peremptory challenges, and thus were not entitled to an inquiry into the prosecutor's reasons.
• United States v. Young-Bey
  893 F.2d 178· 8th Cir.· 1990-01-04 ·cited 54×
  The court held that the defendant failed to establish a prima facie case of discrimination under Batson, and the evidence was sufficient to convict him of using a firearm during a drug trafficking offense.
• United States v. Forbes
  816 F.2d 1006· 5th Cir.· 1987-04-29 ·cited 53×
  The court concurred with the result and reasoning regarding constitutional issues.
• United States v. Alicia Davis (85-1153)
  809 F.2d 1194· 6th Cir.· 1987-01-15 ·cited 52×
  The court held that the district court did not err in conducting an in camera hearing regarding peremptory challenges, as defendants' presence was not constitutionally required and their counsel had ample opportunity to present arguments. The court also affirmed the district cour
• Cochran v. Herring
  43 F.3d 1404· 11th Cir.· 1995-01-10 ·cited 48×
  The Eleventh Circuit affirmed the district court's grant of habeas relief, holding that the petitioner's Batson claim was not procedurally barred from federal review because Alabama courts have not consistently applied a procedural bar in similar cases. The court further held tha
• United States v. Battle
  836 F.2d 1084· 8th Cir.· 1987-12-30 ·cited 48×
  The court held that the trial court erred in not requiring the government to articulate race-neutral reasons for its peremptory challenges after a prima facie case of discrimination was established.
• United States v. Dawn
  897 F.2d 1444· 8th Cir.· 1990-03-08 ·cited 46×
  The court held that the district court did not err in denying defendants' motions regarding discriminatory jury selection, extra-judicial influence, newly discovered evidence, sentencing guidelines, or other trial-related issues.
• United States v. Esparsen
  930 F.2d 1461· 10th Cir.· 1991-04-18 ·cited 44×
  The court affirmed jury convictions for cocaine distribution, upheld the trial court's finding of no prima facie case of discrimination in jury selection, and remanded for recalculation of a supervised release sentence.
• Roman v. Abrams
  822 F.2d 214· 2d Cir.· 1987-06-09 ·cited 44×
  The court held that Schreiber's petition should have been dismissed due to procedural default, and neither petition should have been granted on the merits because the prosecutor's use of peremptory challenges did not violate the Sixth Amendment in this context.
• Jones v. Butler
  864 F.2d 348· 5th Cir.· 1988-12-21 ·cited 43×
  A contemporaneous objection to the use of peremptory challenges to exclude jurors based on race is a necessary predicate for later raising a Batson claim, even in federal habeas corpus proceedings.
• United States v. Lance
  853 F.2d 1177· 5th Cir.· 1988-08-18 ·cited 43×
  The court affirmed the convictions, finding no reversible error in the jury selection, admission of evidence, judicial remarks, jury instructions, or sufficiency of evidence.
• United States v. Bucci
  839 F.2d 825· 1st Cir.· 1988-01-13 ·cited 43×
  The court affirmed the conviction but remanded for resentencing, finding sufficient evidence for a Hobbs Act violation and rejecting claims of grand jury abuse and discriminatory jury selection.
• United States v. Terrazas-Carrasco
  861 F.2d 93· 5th Cir.· 1988-11-16 ·cited 42×
  The court held that the defendant's conviction for illegal re-entry was not subject to reversal based on claims of discriminatory jury selection, improper jury instructions, or errors in charging the elements of the offense.
• United States v. Chavez-Vernaza
  844 F.2d 1368· 9th Cir.· 1987-12-28 ·cited 42×
  The court held that Chavez did not meet his burden for disclosure under Fed.R.Crim.P. 16(a)(1)(c) because he did not allege the prosecutor still had possession of the financial records.
• United States v. Lewis
  837 F.2d 415· 9th Cir.· 1988-01-26 ·cited 41×
  The court held that the prosecutor's peremptory challenge was not discriminatory, the exclusion of expert psychiatric testimony was proper, and the admission of prior bad acts evidence was permissible.
• Adams v. State
  559 So. 2d 1293· Fla. 3d DCA· 1990-04-24 ·cited 39×
  Kenneth Adams appeals his convictions for attempted robbery and resisting an officer without violence, challenging the jury selection process, a judicial comment on jury performance, and his sentencing as a habitual offender. The court affirmed the convictions but reversed the se
• State v. Lozano
  616 So. 2d 73· Fla. 1st DCA· 1993-03-10 ·cited 37×
  The Florida Supreme Court's First District granted certiorari to review a trial judge's order denying a change of venue in the high-profile William Lozano case, where Lozano, a Hispanic police officer, was charged with killing two Black motorists. The court found the judge's orde
• United States v. DAY
  949 F.2d 973· 8th Cir.· 1991-11-21 ·cited 36×
  The court affirmed the conviction but remanded for resentencing because the trial court erred in its legal analysis of whether prior guilty pleas were valid for sentence enhancement.
• Pitts v. Cook
  923 F.2d 1568· 11th Cir.· 1991-02-21 ·cited 36×
  The novelty of a constitutional claim, if not reasonably available to counsel, can constitute cause to excuse a procedural default.
• United States v. Romero-Reyna
  867 F.2d 834· 5th Cir.· 1989-02-24 ·cited 36×
  The court held that the defendant's convictions for possession with intent to distribute were supported by sufficient evidence, but remanded the case for a hearing on the Batson challenge regarding the jury selection process.
• United States v. Bishop
  959 F.2d 820· 9th Cir.· 1992-03-25 ·cited 35×
  The court held that the evidence was insufficient to support the jury's verdict that Bishop was guilty of assault on Agent Jordan.
• United States v. Derick Bennett
  928 F.2d 1548· 11th Cir.· 1991-04-25 ·cited 35×
  The court held that the district court erred in applying a firearm possession enhancement to the sentence because the firearm was possessed seven months after the drug offense. The court affirmed the conviction and other sentencing aspects.
• United States v. McANDERSON
  914 F.2d 934· 7th Cir.· 1990-09-28 ·cited 34×
  The court affirmed the convictions, holding that the jury selection and composition did not violate the defendants' Sixth Amendment rights, and that evidence of prior bad acts was properly admitted.
• Daniel v. State
  697 So. 2d 959· Fla. 2d DCA· 1997-08-01 ·cited 32×
  The trial court erred in allowing the state to peremptorily strike the two Hispanic venirepersons without adequately determining the genuineness of the prosecutor's race-neutral reasons.
• Byrd v. Armontrout
  880 F.2d 1· 8th Cir.· 1989-06-27 ·cited 32×
  The court held that the appellant failed to demonstrate ineffective assistance of counsel, that his claims regarding jury selection, newly discovered evidence, evidentiary rulings, and the death penalty were without merit, and thus affirmed the district court's denial of his peti
• United States v. WYK
  840 F.2d 494· 7th Cir.· 1988-02-19 ·cited 32×
  The court held that the trial court did not err in admitting co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E) because sufficient independent evidence established the conspiracy and the defendant's participation.
• United States v. Tindle
  808 F.2d 319· 4th Cir.· 1986-12-29 ·cited 32×
  The court held that the district court did not abuse its discretion regarding discovery, continuances, witness testimony, or cross-examination limitations, but remanded for a Batson inquiry into potential jury exclusion.
• Wingo v. Blackburn
  783 F.2d 1046· 5th Cir.· 1986-02-24 ·cited 32×
  The court held that the state court's finding of specific intent to kill was supported by the evidence and that Wingo's other constitutional claims lacked merit.
• United States v. Garcia
  848 F.2d 1324· 2d Cir.· 1988-06-01 ·cited 30×
  The dissenting judge believes that permitting magistrates to conduct jury voir dire in felony cases raises serious constitutional questions and should be prohibited by supervisory power.
• Kibler v. State
  501 So. 2d 76· Fla. 5th DCA· 1987-01-15 ·cited 30×
  A defendant without membership in the excluded racial group lacks standing under Batson v. Kentucky to challenge a prosecutor's peremptory strikes on equal protection grounds. Even if standing existed, the exclusion of prospective jurors from a particular race is insufficient by
• Poole v. State
  151 So. 3d 402· Fla.· 2014-06-26 ·cited 29×
  Mark Anthony Poole was convicted of murder, attempted murder, sexual battery, burglary, and robbery. After his initial death sentence was vacated on direct appeal due to cumulative errors during the penalty phase, he was resentenced to death following a new penalty phase proceedi
• United States v. Horsley
  864 F.2d 1543· 11th Cir.· 1989-02-06 ·cited 29×
  The court held that the prosecutor's vague explanation for striking the sole black juror was insufficient to rebut a prima facie case of discrimination, and the district court erred in requiring a pattern of strikes to establish such a case.