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Ross Vs. Oklahoma

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  • US Supreme Court
  • Jun 22, 1988

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58 entries 5 linked 53 unlinked
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  1. Lockhart Vs. Mccree US Supreme Court · May 05, 1986
  2. SwaIn Vs. Alabama US Supreme Court · Mar 08, 1965
  3. Spies Vs. Illinois US Supreme Court · Nov 02, 1887
  4. Gray Vs. Mississippi US Supreme Court · May 18, 1987
  5. Batson Vs. Kentucky US Supreme Court · Apr 30, 1986
  6. U.S. 81 (1988) U.S. Supreme Court Ross v. Oklahoma
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  7. U.S. 81 (1988) Ross v. Oklahoma
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  8. Although the trial court erred in failing to remove Huling for cause under Witherspoon v. Illinois
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  9. U. S. 510 , and Wainwright v. Witt
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  10. s peremptory challenge having removed him as effectively as if the trial court had done so. The broad language in Gray v. Mississippi
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  11. or impairment of the right to exercise such challenges reversible error without a showing of prejudice, cf. Swain v. Alabama
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  12. Thus, petitioner's due process challenge must fail, since he received all that Oklahoma law allowed him. Logan v. Zimmerman
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  13. Brush Co., 455 U. S. 422 , and Hicks v. Oklahoma
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  14. of his peremptory challenges to remove a juror whom the trial court should have excused for cause under Witherspoon v. Illinois
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  15. for cause and petitioner's subsequent use of a peremptory challenge to strike Huling. We now affirm. In Wainwright v. Witt
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  16. Id. at 469 U. S. 424 (quoting Adams v. Texas
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  17. In arguing that the trial court's error abridged his right to an impartial jury, petitioner relies heavily upon Gray v. Mississippi
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  18. U.S. at 481 U. S. 665 (emphasis in original) (quoting Moore v. Estelle
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  19. Stilson v. United
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  20. had to use a peremptory challenge to achieve that result does not mean the Sixth Amendment was violated. See Hopt v. Utah
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  21. We conclude that no violation of petitioner's right to an impartial jury occurred. Relying largely on Logan v. Zimmerman
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  22. Brush Co., 455 U. S. 422 (1982), and Hicks v. Oklahoma
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  23. Swain, supra, at 380 U. S. 219 (quoting Pointer v. United
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  24. Frazier v. United
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  25. reversal only if the defendant exhausts all peremptory challenges and an incompetent juror is forced upon him. Ferrell v. State
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  26. Stott v. State
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  27. P.2d 1061, 1064-1065 (Okla.Crim.App.1975). In McDonald v. State
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  28. juror he desires or may require that codefendant to use his challenges in a way other than he wishes. United States v. Marchant
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  29. his challenges prior to the State, so that some may be wasted on jurors whom the State would have challenged. Pointer v. United
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  30. so that each has only a small portion of the number of peremptories he would have if tried separately. Stilson v. United
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  31. Delaware v. Van
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  32. unsuccessfully challenged for cause, petitioners eventually exhausted all of their peremptory challenges. See Spies v. People
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  33. occurs if the defendant uses one or more challenges to remove jurors who should have been excused for cause. See Swain v. Alabama
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  34. Spies v. Illinois
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  35. Stroud v. United
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  36. U. S. 648 , 481 U. S. 665 (1987), quoting Moore v. Estelle
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  37. circumstances. The trial court's exclusion of this qualified juror was Sixth Amendment error under Witherspoon v. Illinois
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  38. U. S. 510 (1968), and Wainwright v. Witt
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  39. Pointer v. United
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  40. cannot stand. Just a few examples from the criminal context suffice to establish this principle. In United States v. Jackson
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  41. Id. at 390 U. S. 582 . And in Brooks v. Tennessee
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  42. U.S. Supreme Court Ross v. Oklahoma
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  43. Witherspoon v. Illinois
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  44. and Wainwright v. Witt
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  45. Logan v. Zimmerman
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  46. and Hicks v. Oklahoma
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  47. In Wainwright v. Witt
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  48. Adams v. Texas
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  49. Moore v. Estelle
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  50. See Hopt v. Utah
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