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: , |

Jury Misconduct / Jury Tampering — Louisiana

New Orleans Criminal Defense Attorney   Elizabeth B Carpenter Law -- Serving Orleans, Jefferson, St. Tammany, St. Charles, St. James, St. John, Assumption, Plaquemines, Terrebonne and Tangipahoa Parishes!   Jury Misconduct -- 14:130 Jury misconduct is committed when: Any petit or grand juror shall make any promise or agreement to give a verdict or finding for or against any party. Any petit juror shall intentionally permit any person to influence him, or attempt to influence him, in respect to his verdict in any cause pending, or about to be brought before him, otherwise than in the regular course of proceedings upon the [...]