challenge for cause and peremptory challenge

• Disability-Based Peremptory Challenge: Need for Elimination

Introduction I. Past Versus Present A. Juror Qualification Requirements B. Challenge for Cause C. Jurors' Rights v. Parties' Rights II. The Peremptory Challenge and Its Application A. Batson and Its Extension to People with Disabilities III. Should the Court Extend the Batson-J.E.B. Model to People With Disabilities? Conclusion

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. IV-1, March 2006

• State v. Turner, (Ohio 2004)

Statutory speedy trial rights; Constitutional speedy trial rights; Majority of time attributable to appellant; Sufficiency of the evidence; Aggravated robbery; Witness identification; Firearm specification; Manifest weight of the evidence; Breaks in chain of evidence is reviewed under a manifest weight standard of review; The jury could weigh any of the evidence problems and determine how it affected the elements of the offense; Prosecutorial misconduct; Prior plea of aggravated robbery used to attack credibility of appellant; Evid.R. 609; Even if prosecutor overstepped bounds, the alleged error did not deprive appellant of his substantial rights; Challenge for cause; No objection waived issue absent plain error; No error in challenge for cause; Peremptory challenge; Lack of candor on j...

• Ohio Supreme Court

• United States v. Martinez-Salazar, 528 U.S. 304 (2000)

..., the District Court allotted them 10 peremptory challenges exercisable jointly in the selection of..., the codefendants challenged him for cause, but the District Court declined to excuse him. Mt...

• U.S. Supreme Court

• 33 CFR 125.41 - Challenges.

... on the grounds of personal bias or other cause. The request shall be accompanied by an affidavit ... has requested a hearing shall have two peremptory challenges, one challenge for the management membe...

• Code of Federal Regulations - Title 33: Navigation and Navigable Waters

• State v. Russell, (Ohio 2012)

After second appeal, cause was remanded for a full hearing on an issue under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). At that hearing, trial court ruled that defendant had failed to establish prima facie case of racial discrimination in prosecutor’s exercise of peremptory challenge to an African-American juror in trial of African-American defendant. For the purpose of facilitating appellate review, trial court permitted prosecutor to proceed to second step of Batson analysis by proffering race-neutral explanation for peremptory challenge, and prosecutor did so. But trial court expressly indicated that it would not proceed to the second and third steps, because it was going to decide, as it did, that the defendant had not established a prima facie case of...

• Ohio Supreme Court

• J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994)

..., respondent State used 9 of its 10 peremptory challenges to remove male jurors. The court empane...156. 128. John F. Porter III argued the cause and filed briefs for petitioner. Michael R. Dreebe...

• U.S. Supreme Court

• CONSTANTINO CARRERA V. ROBERT AYERS, JR., (9th Cir. 2011)

...'s allegedly group bias-based peremptory challenges constituted ineffective assistance of c..." jurors are those jurors passed for cause. . 5 The long delay was due, in part, to Carr...

• Federal Circuits

• Bias, Batson, and "Backstrikes": Snyder v. Louisiana Through a Glass, Starkly

Introduction: Suspicion & Sanction. II. Background: From Shield To Sword. A. Free Reign Fosters Abuse. B. The Batson Breakthrough. C. The Snyder Sequel. D. A Tale of Three Jurors. E. Backstrikes in Louisiana. III. Analysis: A Peremptory Ploy. A. Complicated Calculus. B. Snookered by a Suspect Strike. C. lDeaying Justifications. D. Undercutting Deference. E. The Meaning of Mixed Motive. IV. Conclusion: Striking Out. A. Peremptory Power. B. Backstrikes Must Be Banned. C. Preserving Integrity and Fairness.

... Discriminatory misuse of the peremptory challenge 2 effectively etches the words into courtroom wal... because racism during jury selection caused the reversal. 7 Snyder's prosecutor had removed a...

• Louisiana Law Review
• Nbr. 70-3, April 2010

• Ross v. Oklahoma, 487 U.S. 81 (1988)

... parties in capital trials with nine peremptory challenges to prospective jurors. After the trial ... denied petitioner's motion to remove for cause prospective juror Huling, who had declared that he...

• U.S. Supreme Court

• The People v. Steve Johnson, No. 106 (N.Y. 2011)

... of the juror and denied defendant's "for cause" challenge. Defendant therefore used a peremptory ...

• New York Court of Appeals