challenge for cause jury

• State v. Hamilton, (Ohio 2005)

CRIMINAL LAW/EVIDENCE – murder; sufficiency; manifest weight; circumstantial evidence; motive; fingerprint on murder weapon. JURY TRIAL – peremptory challenge; removal for cause; biased jury pool; change of venue. CRIMINAL LAW/MOTIONS – Motion for mistrial; references to first trial; references to lie detector test. CRIMINAL LAW/MOTIONS – motion for mistrial; Howard charge.

• Ohio Supreme Court

• Hammoud v. Cleveland Clinic Found., (Ohio 2005)

Evidence–Expert - Jury–Peremptory Challenge, Challenge for Cause, Voir Dire - Hearsay–Party Admissions - Appeal & Error - Presumption of Regularity.

• Ohio Supreme Court

• Rivera v. Illinois, 556 U. S. ____ (2009)

...During jury selection in petitioner Rivera’s state-court fir..., his counsel sought to use a peremptory challenge to excuse venire member Deloris Gomez. Rivera had ... there was no basis to challenge Gomez for cause. She met the requirements for jury service, and Ri...

• U.S. Supreme Court

• 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

• USA v. Kerri L. Kaley, Brian P. Kaley, (11th Cir. 2012)

...Kaley and Brian P. Kaley challenge a district court’s order denying their motion to... factual foundation supporting the grand jury’s probable cause determinations (the very validity o...

• Federal Circuits

• State v. Allsup, (Ohio 2011)

The trial court did not err when it excluded the testimony of the defendant’s non-expert witnesses concluding that the testimony was not relevant and confusing to the jury; when it instructed the jury on voluntary intoxication with respect to culpability for criminal liability; when it found that there was sufficient evidence presented at trial to support the charge of felonious assault against the defendant; when it overruled the defendant’s challenge for cause of a potential juror based on the juror's employment with the State and; when it properly applied the sentencing principles of R.C. 2929.11 upon imposing the defendant’s sentence.

• Ohio Supreme Court

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

... State used 9 of its 10 peremptory challenges to remove male jurors. The court empaneled an all--female jury after rejecting petitioner's claim that the logic ...156. 128. John F. Porter III argued the cause and filed briefs for petitioner. Michael R. Dreebe...

• U.S. Supreme Court

• 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...

... a Disability charge was tried  without a jury.    The other convictions were as a result of...

• Ohio Supreme Court

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

... Court allotted them 10 peremptory challenges exercisable jointly in the selection of 12 jurors,..., the codefendants challenged him for cause, but the District Court declined to excuse him. Mt...At the close of jury selection, the District Court read the names of th...

• U.S. Supreme Court

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

... in capital trials with nine peremptory challenges to prospective jurors. After the trial court denieed petitioner's motion to remove for cause prospective juror Huling, who had declared that he... vote to impose death automatically if the jury found petitioner guilty, the defense exercised one...

• U.S. Supreme Court