Foster v. Humphrey: Supreme Court to hear issue of excluding black jurors at trial

  Court Agrees to Hear Matter Pertaining to Exclusion of Black Jurors in Georgia Murder Trial - Foster v. Humphrey The famous U.S. Supreme Court case of Batson v. Kentucky in 1986 ruled that prosecutors could not use peremptory challenges (the dismissal of jurors without having to state a valid cause) during a criminal trial based solely on race.   Nearly 30 years later, a possible Batson violation is scheduled for the Supreme Court’s fall-winter docket. The Court recently agreed to hear the case, Foster v. Humphrey, wherein Timothy Tyrone Foster was convicted by an all-white jury in Georgia of the murder [...]

By |2015-06-11T22:24:28+00:00June 11th, 2015|Categories: Case Law, Jury, U.S. Supreme Court|Tags: , |

Batson v. Kentucky: Facts and Case Summary

  Summary of a Fourteenth Amendment Landmark Case: Batson v. Kentucky 476 U.S. 79 (1986) Facts: When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason). In the case Batson v. Kentucky, Batson, the defendant, was an African American man convicted of burglary and receipt of stolen goods in a Louisville, Kentucky court by a jury composed entirely of white jurors. The key part of his appeal was based on the jury [...]

By |2015-06-12T14:59:07+00:00June 11th, 2015|Categories: Case Law, Jury, U.S. Supreme Court|Tags: , |

SCOTUS Update: Restitution in Child Pornography Cases Must Be Limited

  Supreme Court ruling Outlines Limits on Child Pornography Restitution Should those who download child porn pay the victims?   A while back, I wrote a couple blogs about the legal battle concerning restitution between people who have pleaded guilty to possession of child pornography and the victims in the photographs. See here and here. Somehow I failed to report back on the Supreme Court ruling. Paroline vs. United States The high court's decision essentially requires that courts find balance with regard to restitution for child pornography victims.

The justices, in a 5-4 vote, reversed a New Orleans federal appeals court [...]

Los Angeles v. Patel: Hotels Right To Privacy — Under Fire!

  The United States Supreme Court to Hear Argument on the Issue of Hotel Guest's Right to Privacy The US Supreme Court will examine a question of privacy as it concerns hotel and motel guest records during this session. The high court agreed to review a federal appeals court ruling that struck down a Los Angeles ordinance requiring that hotel guest records “be made available to any officer of the Los Angeles Police Department for inspection.”   A divided Ninth U.S. Circuit Court of Appeals ruled this past December that the ordinance was unconstitutional under the Fourth Amendment, which guards against [...]

This website uses cookies and third party services. Ok