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Ford Vs. Georgia
Cites for this judgment
- US Supreme Court
- Jan 01, 1991
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- Relied / Followed
- Relied / Followed
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U.S. 411 (1991) U.S. Supreme Court Ford v. GeorgiaSearch
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U.S. 411 (1991) Ford v. GeorgiaSearch
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issues to be tried involved members of the opposite race. In opposing the motion, the prosecution referred to Swain v. AlabamaSearch
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the conviction. While Ford's first petition for certiorari was pending in this Court, the Court decided Batson v. KentuckySearch
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in the defendant's own case. This Court ultimately vacated Ford's conviction and remanded in light of Griffith v. KentuckySearch
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that any equal protection claim that Ford might have was untimely under the rule the court had stated in State v. SparksSearch
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to federal review of Ford's claim under Wainwright v. SykesSearch
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procedural bars to the entertainment of federal constitutional claims. These include the requirement, under James v. KentuckySearch
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He directed the judge's attention to this Court's decision in Swain v. AlabamaSearch
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Taylor v. LouisianaSearch
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service, and thus alluded to the standard for establishing an equal protection violation first described in Swain v. AlabamaSearch
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Ford v. StateSearch
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Ga. 81, 83, 335 S.E.2d 567, 572 (1985) (quoting Moore v. StateSearch
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filed his first petition for certiorari with this Court on January 22, 1986. While it was before us, we held in Batson v. KentuckySearch
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challenges in that case to strike members of the defendant's race from the jury. Although we soon held in Allen v. HardySearch
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retroactive application to all cases pending on direct review or not yet final when Batson was decided. Griffith v. KentuckySearch
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the petition for certiorari in this case and vacated and remanded for further consideration in light of Griffith. Ford v. GeorgiaSearch
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the second day of the trial could be treated as timely. The court applied the state procedural rule announced in State v. SparksSearch
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a claim under the Equal Protection Clause on the evidentiary theory articulated in Batson's antecedent, Swain v. AlabamaSearch
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Atlanta v. ColumbiaSearch
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as well. The Supreme Court of Georgia, nonetheless, rested its contrary conclusion on the rule announced in State v. SparksSearch
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to petitioner's claim, citing our decision in Wainwright v. SykesSearch
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Id. at 357 U. S. 457 . In James v. KentuckySearch
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Barr v. CitySearch
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protection violation under Swain failed to raise a Batson claim and in apparently relying on Wainwright v. SykesSearch
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punishment if found guilty, or to inject racial prejudice into the fact finding process of the jury. See McCray vs. NewSearch
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Taylor v. LouisanaSearch
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Ga. 661, 663, 362 S.E.2d 764, 766 (1987). This suggests the possibility that the state court did not read Swain v. AlabamaSearch
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hold that petitioner's objection was insufficiently specific to his own jury to raise either a Swain or a Batson v. KentuckySearch
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The defendant in State v. SparksSearch
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U.S. Supreme Court Ford v. GeorgiaSearch
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Swain v. AlabamaSearch
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of Griffith v. KentuckySearch
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State v. SparksSearch
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Wainwright v. SykesSearch
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James v. KentuckySearch
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Taylor v. LouisianaSearch
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Ford v. StateSearch
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Moore v. StateSearch
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Allen v. HardySearch
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Griffith v. KentuckySearch
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of Griffith. Ford v. GeorgiaSearch
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In James v. KentuckySearch
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Barr v. CitySearch
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See McCray v. NewSearch
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