Tag: Peremptory challenges

In Flowers v Mississippi, 588 U. S. ____ (2019), the U.S. Supreme Court held that the jury selection process in Curtis Flowers’ sixth murder trial violated the U.S. Constitution. By a vote of 7-2, the Court found that the trial court committed cle...

In Foster v Chatman (2016), the U.S. Supreme Court held that prosecutors purposely discriminated against a Georgia man facing the death penalty when they dismissed two black jurors during jury selection. The Court’s narrow decision was largely base...

In Davis v. Ayala, 135 S. Ct. 2187 (2015), the U.S. Supreme Court considered whether it was a harmless error to exclude defense counsel from the Batson hearing. A deeply divided court ultimately answered yes, highlighting that habeas petitioners are ...

The U.S. Supreme Court started its November sitting this week. The justices heard oral arguments in six cases. In addition to an important case involving Article III standing, the Court also considered several criminal law issues. Below is a...

The Supreme Court’s seminal decision in Batson v. Kentucky prohibits racial discrimination when selecting a jury. Over 25 years later, lower courts are currently considering whether the same Equal Rights protections should be extended to homosexual...