Batson V. Kentucky

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

• Alen v. State
  596 So. 2d 1083· Fla. 3d DCA· 1992-03-03
  The court held that Hispanics constitute a cognizable ethnic group under Florida law and that the state improperly used a peremptory challenge to strike a Hispanic juror based solely on ethnicity, violating both state and federal constitutional protections for an impartial jury.
• United States v. Hernan Pulgarin
  955 F.2d 1· 1st Cir.· 1992-01-27
  The court held that the defendant failed to preserve his Batson claim by not making a timely objection or request for further inquiry after the prosecutor's explanation for the peremptory challenge.
• Bell v. Baker
  954 F.2d 400· 6th Cir.· 1992-01-23
  The court held that the Sixth Amendment, as interpreted by the Supreme Court in Holland v. Illinois, does not prohibit the exclusion of cognizable groups from a petit jury through peremptory challenges.
• Wilson v. Hoke
  945 F.2d 1250· 2d Cir.· 1991-10-01
  The court held that the petitioner failed to establish a prima facie case of discriminatory jury selection under Batson v. Kentucky due to an insufficient record and lack of a timely, cognizable objection.
• Thaddeus Donald Edmonson v. Leesville Concrete Co., Inc.
  943 F.2d 551· 5th Cir.· 1991-09-20
  The court held that the case must be remanded to the district court to determine if a prima facie case of racial discrimination was established in the exercise of peremptory challenges.
• Hamilton v. Jones
  907 F.2d 807· 8th Cir.· 1990-07-03
  The court held that the district court erred in dismissing the habeas corpus petition because the petitioner's case was not yet final when Batson v. Kentucky was decided.
• Wilson v. (Warden) C.E. Jones & The Attorney Gen. of the State of Ala.
  902 F.2d 923· 11th Cir.· 1990-06-05
  The court held that the defendant did not procedurally default his Batson claim in state court because the state's appellate brief argued the merits of the claim, not a procedural bar.
• Almertis Stephens v. State
  559 So. 2d 687· Fla. 1st DCA· 1990-04-05
  Almertis Stephens appealed his conviction for armed robbery, aggravated assault, and assault, challenging the prosecution's use of peremptory challenges to exclude Black jurors, alleging a comment on his right to silence, and disputing his sentencing guidelines calculation. The a
• Brown v. Dixon
  891 F.2d 490· 4th Cir.· 1989-12-11
  A state may use peremptory challenges to exclude jurors with reservations about the death penalty, and a defense attorney's concessions of guilt and aggravating circumstances during the penalty phase, given the jury's prior guilty verdict, can constitute reasonable advocacy.
• Peltier v. United States
  867 F.2d 1125· 8th Cir.· 1989-02-14
  The court held that the petitioner waived his claim of discriminatory jury selection and that his challenge to the sentence enhancement was without merit.
• Diaz v. Scully
  821 F.2d 153· 2d Cir.· 1987-06-16
  The court held that the Supreme Court's decisions in Batson v. Kentucky and McCray v. Abrams could not be applied retroactively to state convictions that had become final before those decisions were announced.
• Thomas v. Louie L. Wainwright
  788 F.2d 684· 11th Cir.· 1986-04-15
  The dissenting judge would grant a stay of execution and an evidentiary hearing on the petitioner's claims of incompetence to stand trial, Caldwell violations, and Brady violations.