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Lockhart Vs. Mccree

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  • US Supreme Court
  • May 05, 1986

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77 entries 4 linked 73 unlinked
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  1. Wainwright Vs. Witt US Supreme Court · Jan 21, 1985
  2. Witherspoon Vs. Illinois US Supreme Court · Jun 03, 1968
  3. Peters Vs. Kiff US Supreme Court · Jun 22, 1972
  4. Castaneda Vs. Partida US Supreme Court · Mar 23, 1977
  5. U.S. 162 (1986) U.S. Supreme Court Lockhart v. McCree
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  6. U.S. 162 (1986) Lockhart v. McCree
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  7. under the principles of Witherspoon v. Illinois
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  8. Respondent's view of jury impartiality is both illogical and impractical. Neither Witherspoon, supra, nor Adams v. Texas
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  9. of the Court. In this case, we address the question left open by our decision nearly 18 years ago in Witherspoon v. Illinois
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  10. Bumper v. North
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  11. Court of Appeals for the Eighth Circuit, the District Court ruled in McCree's favor and granted habeas relief Grigsby v. Mabry
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  12. F.Supp. 1273 (1983). A sharply divided Eighth Circuit affirmed, Grigsby v. Mabry
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  13. en banc), creating a conflict with recent decisions of the Fourth, Fifth, Seventh, and Eleventh Circuits. See Keeten v. Garrison
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  14. Smith v. Balkcom
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  15. F.2d 573, 576-578 (CA5 1981), modified on other grounds, 671 F.2d 858, cert. denied sub nom. Tison v. Arizona
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  16. Spinkellink v. Wainwright
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  17. Clark v. Fike
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  18. and Corn v. Zant
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  19. a) (1977). In accordance with Arkansas law, see Neal v. State
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  20. McCree's punishment at life imprisonment without parole. McCree's conviction was affirmed on direct appeal, McCree v. State
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  21. Grigsby v. Mabry
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  22. F.2d 525 (1980). The District Court denied the remainder of McCree's petition, and the Eighth Circuit affirmed. McCree v. Housewright
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  23. juries. Grigsby v. Mabry
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  24. cause violated McCree's constitutional right to a jury selected from a fair cross-section of the community. Grigsby v. Mabry
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  25. We have serious doubts about the value of these studies in predicting the behavior of actual jurors. See Grigsby v. Mabry
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  26. under the Sixth Amendment, as applied to the States via incorporation through the Fourteenth Amendment, see Duncan v. Louisiana
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  27. petit juries, as opposed to jury panels or venires, to reflect the composition of the community at large. See Duren v. Missouri
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  28. Taylor v. Louisiana
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  29. Batson v. Kentucky
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  30. the Court of Appeals itself acknowledged for many years prior to its decision in the instant case. See United States v. Childress
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  31. Pope v. United
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  32. Amendment or the Equal Protection Clause of the Fourteenth Amendment, have involved such groups as blacks, see Peters v. Kiff
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  33. and Mexican-Americans, see Castaneda v. Partida
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  34. from jury service without contravening any of the basic objectives of the fair cross-section requirement. See Lockett v. Ohio
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  35. jurors who served at his trial were impartial, as that term was defined by this Court in cases such as Irvin v. Dowd
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  36. and Reynolds v. United
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  37. States, 98 U. S. 145 (1879). He does not claim that pretrial publicity, see Rideau v. Louisiana
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  38. U. S. 723 (1963), ex parte communications, see Remmer v. United
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  39. States, 347 U. S. 227 (1954), or other undue influence, see Estes v. Texas
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  40. Smith v. Phillips
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  41. favorable to the challenger. McCree argues, however, that this Court's decisions in Witherspoon and Adams v. Texas
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  42. may not entrust the determination of whether a man is innocent or guilty to a tribunal 'organized to convict.' Fay v. New
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  43. See Tumey v. Ohio
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  44. U.S. at 391 U. S. 520 -521 (footnotes omitted). In Adams v. Texas
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  45. Rector v. State
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  46. sentencing plan which provided that the same jury must sit in both phases of a bifurcated capital murder trial, Gregg v. Georgia
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  47. may properly be excluded from the penalty phase of the deliberations under Witherspoon, Adams, and Wainwright v. Witt
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  48. Jurek v. Texas
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  49. In Wainwright v. Witt
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  50. Id. at 469 U. S. 433 , quoting Adams v. Texas
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