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SwaIn Vs. Alabama
Cites for this judgment
- US Supreme Court
- Mar 08, 1965
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U.S. 202 (1965) U.S. Supreme Court Swain v. AlabamaSearch
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U.S. 202 (1965) Swain v. AlabamaSearch
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U.S. 915. In support of his claims, petitioner invokes the constitutional principle announced in 1880 in Strauder v. WestSearch
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U. S. 565 . This principle was further elaborated in Carter v. TexasSearch
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Smith v. TexasSearch
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to Negroes. It applies to any identifiable group in the community which may be the subject of prejudice. Hernandez v. TexasSearch
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U. S. 475 . But purposeful discrimination may not be assumed or merely asserted. Brownfield v. SouthSearch
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Smith v. MississippiSearch
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U. S. 110 . It must be proven, Tarrance v. FloridaSearch
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Martin v. TexasSearch
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U. S. 316 , the quantum of proof necessary being a matter of federal law. Norris v. AlabamaSearch
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that Alabama has not totally excluded a racial group from either grand or petit jury panels, as was the case in Norris v. AlabamaSearch
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Hill v. TexasSearch
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and Reece v. GeorgiaSearch
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on these panels as constituting forbidden token inclusion within the meaning of the cases in this Court. Thomas v. TexasSearch
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of his race on the jury which tries him, nor on the venire or jury roll from which petit jurors are drawn. Virginia v. RivesSearch
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Thomas v. TexasSearch
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See Thomas v. TexasSearch
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demonstrate the long and widely held belief that peremptory challenge is a necessary part of trial by jury. See Lewis v. UnitedSearch
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Stilson v. UnitedSearch
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Pointer v. UnitedSearch
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U. S. 408 . The denial or impairment of the right is reversible error without a showing of prejudice, Lewis v. UnitedSearch
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Harrison v. UnitedSearch
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Gulf, Colorado & Santa Fe R. Co. v. ShaneSearch
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Lewis v. UnitedSearch
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it is one exercised without a reason stated, without inquiry, and without being subject to the court's control. State v. ThompsonSearch
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peremptory permits rejection for a real or imagined partiality that is less easily designated or demonstrable. Hayes v. MissouriSearch
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well known that these factors are widely explored during the voir dire , by both prosecutor and accused, Miles v. UnitedSearch
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Aldridge v. UnitedSearch
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that no Negroes ever serve on petit juries, the Fourteenth Amendment claim takes on added significance. Cf. Yick Wo v. HopkinsSearch
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demonstrate that the rule has been violated by the peremptory system as it operates in Talladega County. Cf. Glasser v. UnitedSearch
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prima facie case of purposeful discrimination on the part of the State, and that the continued vitality of Strauder v. WestSearch
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U.S. Supreme Court Swain v. AlabamaSearch
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Strauder v. WestSearch
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Carter v. TexasSearch
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Brownfield v. SouthSearch
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Norris v. AlabamaSearch
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Court. Thomas v. TexasSearch
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Virginia v. RivesSearch
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See Lewis v. UnitedSearch
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Gulf, Colorado & Santa Fe R. Co. v. ShaneSearch
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