Batson V. Kentucky

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

• Walton v. Caspari
  916 F.2d 1352· 8th Cir.· 1990-10-16 ·cited 10×
  The court affirmed the district court's conditional grant of habeas corpus, holding that the prosecutor's discriminatory use of peremptory challenges violated the Equal Protection Clause and that the Garrett decision applied retroactively.
• United States v. Prine
  909 F.2d 1109· 8th Cir.· 1990-07-18 ·cited 10×
  The convictions for drug and firearm offenses are affirmed, but the sentences are vacated and remanded for resentencing because the district court improperly used an invalid drug equivalency table.
• Hursey Davis v. Warden, Joliet Corr. Inst. AT Stateville
  867 F.2d 1003· 7th Cir.· 1989-02-01 ·cited 10×
  The dissent argues that the Appellee made a prima facie case for a Sixth Amendment violation based on systematic exclusion of Black individuals from the jury venire, and the state failed to rebut this case.
• Swapshire v. Baer
  865 F.2d 948· 8th Cir.· 1989-01-18 ·cited 10×
  The court held that a state court judgment affirming an administrative discharge decision has preclusive effect in a federal civil rights action, and that jury instructions on intentional discrimination were proper.
• United States v. Di Pasquale
  864 F.2d 271· 3d Cir.· 1988-12-23 ·cited 10×
  The court held that the district court did not err in denying a Batson hearing for Italian-Americans, denying a motion for recusal, enhancing sentences under 18 U.S.C. § 3147 without specific notice, or in its grand jury selection process.
• Diggs v. Owens
  833 F.2d 439· 3d Cir.· 1987-11-06 ·cited 10×
  The court held that the Interstate Agreement on Detainers Act (IADA) speedy trial and anti-shuttling provisions were not violated, and that the trial court's rulings and counsel's assistance did not deny the appellant due process or effective assistance of counsel.
• United States v. Brown
  817 F.2d 674· 10th Cir.· 1987-04-29 ·cited 10×
  The court held that the government's peremptory challenges of black jurors based on a presumption of influence due to their race and association with defense counsel violated the Equal Protection Clause.
• United States v. Leslie
  813 F.2d 658· 5th Cir.· 1987-03-23 ·cited 10×
  The court held that the Batson rule, concerning discriminatory use of peremptory challenges, applies to this federal prosecution because the defendant's petition for certiorari was pending when Batson was decided, and the Fifth Amendment's due process clause provides an equal pro
• Holland v. McGINNIS
  963 F.2d 1044· 7th Cir.· 1992-05-14 ·cited 9×
  The court held that the Des Plaines confession was voluntary and that the Batson claim was barred by Teague v. Lane because Powers v. Ohio announced a new rule.
• Torres v. State
  548 So. 2d 660· Fla.· 1989-09-14 ·cited 9×
  A white defendant has standing to challenge the state's systematic exclusion of black prospective jurors, even when represented by a black attorney.
• Nevius v. Sumner
  852 F.2d 463· 9th Cir.· 1988-07-22 ·cited 9×
  The court held that the prosecutor's peremptory challenges did not violate the Sixth or Fourteenth Amendments, the denial of an evidentiary hearing was proper, and the indictment was not defective.
• Everdean Moore v. Keller Indus., Inc.
  948 F.2d 199· 5th Cir.· 1991-12-12 ·cited 8×
  The court affirmed the district court's judgment, holding that the defendant's race-neutral reasons for striking potential jurors were not pretextual and did not constitute purposeful discrimination.
• United States v. Clemons
  941 F.2d 321· 5th Cir.· 1991-08-27 ·cited 8×
  The court held that the district court did not abuse its discretion in finding the prosecution's race-neutral explanations for peremptory strikes sufficient and non-pretextual, even under a rigid standard.
• United States v. Campione
  942 F.2d 429· 7th Cir.· 1991-08-16 ·cited 8×
  The court affirmed convictions for RICO conspiracy and Travel Act violations, finding sufficient evidence and rejecting defendants' procedural and instructional challenges.
• Jones v. Jones
  938 F.2d 838· 8th Cir.· 1991-07-09 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on claims of jury discrimination, prosecutorial misconduct, inconsistent verdicts, and ineffective assistance of counsel.
• United States v. Arkeefe Sherrills
  929 F.2d 393· 8th Cir.· 1991-03-28 ·cited 8×
  The court held that the district court's finding that the government's peremptory strikes were based on racially neutral reasons was not clearly erroneous, and other arguments lacked merit.
• Dunham v. Frank's Nursery & Crafts, Inc.
  919 F.2d 1281· 7th Cir.· 1990-12-12 ·cited 8×
  The Supreme Court's decision in Batson v. Kentucky, which prohibits racial discrimination in peremptory challenges during criminal trials, applies to private litigants in civil cases because the trial court's involvement in excusing jurors constitutes state action.
• Byrd v. Delo
  917 F.2d 1037· 8th Cir.· 1990-10-19 ·cited 8×
  The court affirmed the district court's denial of the second habeas corpus petition, finding that the petitioner failed to demonstrate cause and prejudice for his new claims or meet the 'actual innocence' exception. The court also affirmed the denial of repetitive claims as they
• Beachum v. Tansy
  903 F.2d 1321· 10th Cir.· 1990-05-22 ·cited 8×
  The court held that the admission of hypnotically influenced testimony, even if potentially unreliable, did not violate the defendant's constitutional rights given the safeguards employed and the victim's consistent testimony. Claims of prosecutorial misconduct, ineffective assis
• Dalton Prejean v. Smith
  889 F.2d 1391· 5th Cir.· 1989-11-28 ·cited 8×
  The court held that the petitioner's claims regarding improper jury selection, ineffective assistance of counsel, and the unconstitutionality of his execution due to mental retardation and youth were without merit. The court denied his motions for a certificate of probable cause
• United States v. Washington
  886 F.2d 154· 8th Cir.· 1989-09-19 ·cited 8×
  The court held that the defendant failed to establish a prima facie case of jury discrimination and that his prior conviction was validly entered, thus affirming his conviction and sentence.
• Jones v. Lewis
  874 F.2d 1125· 6th Cir.· 1989-05-18 ·cited 8×
  The court held that the officers were justified in making a warrantless entry into the residence due to exigent circumstances, and the plaintiff failed to establish a reasonable expectation of privacy.
• United States v. Ross
  872 F.2d 249· 8th Cir.· 1989-04-11 ·cited 8×
  The court held that the government's stated reasons for striking two black jurors were neutral and specific, thus not violating Batson.
• United States v. McCOY
  848 F.2d 743· 6th Cir.· 1988-06-10 ·cited 8×
  The district court did not abuse its discretion in admitting lineup photographs as relevant evidence, as their probative value was not substantially outweighed by the danger of unfair prejudice.
• United States v. Harrell
  847 F.2d 138· 4th Cir.· 1988-05-25 ·cited 8×
  The court held that the district court correctly found the prosecutor's race-neutral reasons for striking black jurors were credible, thus rebutting the prima facie case of discrimination.
• United States v. Love
  815 F.2d 53· 8th Cir.· 1987-04-02 ·cited 8×
  The court affirmed the conviction, holding that probable cause for arrest existed, the peremptory challenge was not discriminatory, and the sentence was not excessive.
• Esquivel v. O.L. McCOTTER
  791 F.2d 350· 5th Cir.· 1986-06-07 ·cited 8×
  The court held that the Batson v. Kentucky rule should not be applied retroactively to federal habeas proceedings, and vacated the district court's stay of execution.
• State v. Pacchiana
  289 So. 3d 857· Fla.· 2020-01-09 ·cited 6×
  A defendant fails to properly preserve a religion-based objection to a peremptory strike when the contemporaneous objection at trial is predicated solely on race and the religion-based argument is not clearly articulated until after the jury is sworn or about to be sworn. Both a
• United States v. Swinney
  970 F.2d 494· 8th Cir.· 1992-07-30 ·cited 6×
  The court affirmed convictions and sentences, finding no error in the Batson challenge, venue determination, denial of self-representation or continuance, or severance motions.
• Roberts v. Singletary
  794 F. Supp. 1106· S.D. Fla.· 1992-06-05 ·cited 6×
  The court held that the exclusion of evidence regarding the victim's prior sexual history was not a constitutional violation because the defense theory was not presented at trial and the defendant denied making the statement at issue. The court also found no ineffective assistanc
• United States v. Fuller
  942 F.2d 454· 8th Cir.· 1991-08-05 ·cited 6×
  The court held that the defendants' convictions and sentences for federal drug crimes were supported by sufficient evidence and that the trial court did not err in its rulings regarding jury selection, speedy trial, and sentencing.
• United States v. Valley
  928 F.2d 130· 5th Cir.· 1991-03-21 ·cited 6×
  The court held that the district court did not abuse its discretion in allowing the prosecutor to introduce co-conspirators' guilty pleas, that the prosecutor's comment on the defendant's refusal to testify was harmless error, and that the prosecutor's peremptory challenges were
• Am. Sec. Ins. Co. v. Hettel
  572 So. 2d 1020· Fla. 2d DCA· 1991-01-09 ·cited 6×
  American Security Insurance Company appealed from a trial court's grant of a new trial in a personal injury action, arguing the court erred in finding the insurer used a peremptory challenge to strike the only Black juror without providing racially neutral reasons. The appellate
• United States v. Johnson
  905 F.2d 222· 8th Cir.· 1990-06-11 ·cited 6×
  The court held that the district court did not err in finding the prosecutor's race-neutral explanations for striking venirepersons were not pretextual.
• United States v. Cartlidge
  808 F.2d 1064· 5th Cir.· 1987-01-14 ·cited 6×
  Promises of protection, assurances of ability to provide protection, supplying information about timing, and accepting payment for these services, when coupled with silence and warnings, constitute sufficient evidence of an attempt to aid and abet a federal crime.
• United States v. Lane
  779 F.2d 1332· 7th Cir.· 1985-12-30 ·cited 6×
• King v. Warden, Georgia Diagnostic Prison
  69 F.4th 856· 11th Cir.· 2023-06-02 ·cited 5×
  Warren King, a death-row inmate, appealed the denial of his federal habeas corpus petition, raising challenges to his jury selection based on alleged discriminatory peremptory strikes, his trial counsel's ineffective assistance, and Georgia's procedure for proving intellectual di
• United States v. Harris
  7 F.4th 1276· 11th Cir.· 2021-08-09 ·cited 5×
  Miami Police Department officers Kelvin Harris and James Archibald were convicted of conspiracy to possess cocaine with intent to distribute, attempted possession with intent to distribute cocaine, and firearm possession in furtherance of drug trafficking, following an FBI revers
• United States v. Arce
  997 F.2d 1123· 5th Cir.· 1993-08-03 ·cited 5×
  The court held that the district court did not err in its rulings on jury selection, evidentiary matters, or prosecutorial comments, and that the evidence was sufficient to support the convictions.
• United States v. Morgan A. JOE, Sr.
  928 F.2d 99· 4th Cir.· 1991-03-04 ·cited 5×
  The court held that the district court erred by failing to make necessary factual determinations for a Batson challenge review and remanded for further proceedings regarding the peremptory strikes. The conviction of Baylor was affirmed.
• Earvil Watson v. Althea Camp
  848 F.2d 89· 7th Cir.· 1988-05-31 ·cited 5×
  The court held that the denial of one peremptory challenge to each side, when multiple others were available, does not violate the Constitution by casting doubt on the impartiality of the jury.
• Araj v. Renfro
  260 So. 3d 1121· Fla. 5th DCA· 2018-11-30 ·cited 4×
  The trial court abused its discretion by refusing to give a jury instruction on the statutory prohibition against operating vehicles incompatible with safe traffic movement on limited-access facilities, where the instruction stated correct law, was supported by evidence, and addr
• Jones v. Joseph Ryan, Superintendent, State Corr. Inst. at Dallas, PA
  987 F.2d 960· 3d Cir.· 1993-03-05 ·cited 4×
  The court held that the prosecution's use of peremptory challenges to strike black venirepersons violated the petitioner's right to equal protection under the Fourteenth Amendment.
• Nickerson v. T.A. LEE
  971 F.2d 1125· 4th Cir.· 1992-07-23 ·cited 4×
  The court held that a rule prohibiting discrimination in the selection of North Carolina grand jury foremen would be a new rule of law under Teague v. Lane, making the claim not cognizable in federal habeas corpus. The court also held that Nickerson failed to establish a prima fa
• United States v. Hubert Payne (91-3417/3624)
  962 F.2d 1228· 6th Cir.· 1992-05-05 ·cited 4×
  The court affirmed the convictions and sentences, finding no merit in the defendants' arguments regarding outrageous government conduct, Batson violations, hearsay evidence, burden of proof for withdrawal, insufficient evidence, or sentencing enhancements.
• United States v. Darrin Casper
  956 F.2d 416· 3d Cir.· 1992-02-11 ·cited 4×
  The court held that the circumstantial evidence was insufficient to support the jury's verdict of guilt for violations of the Travel and Hobbs Acts. The court also affirmed the district court's finding that the defendant failed to make a prima facie showing of racial discriminati
• United States v. Masat
  948 F.2d 923· 5th Cir.· 1991-12-03 ·cited 4×
  The court held that the district court did not err in its voir dire procedure, jury instructions, evidentiary rulings, or in denying disclosure of exculpatory materials, and that it had proper jurisdiction.
• Reather Reynolds v. J.W. Benefield
  931 F.2d 506· 8th Cir.· 1991-04-30 ·cited 4×
  The court held that the district court's finding that the City's peremptory challenges of two black potential jurors were not racially motivated was not clearly erroneous, and therefore affirmed the denial of a new trial.
• Blaine Eugene Johnson v. Armontrout
  923 F.2d 107· 8th Cir.· 1991-01-10 ·cited 4×
  The court held that the appellant's Batson claim is procedurally barred due to failure to raise it on direct appeal, and his ineffective assistance of counsel claim is unpersuasive.
• United States v. Matha
  915 F.2d 1220· 8th Cir.· 1990-10-05 ·cited 4×
  The court held that the trial court did not err in finding the government's reasons for striking black jurors were not pretextual and did not abuse its discretion in departing upward from the Sentencing Guidelines.