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Criminal Procedure keyed to Israel
Lockhart v. McCree
Facts
McCree was charged with felony capital murder. During voir dire, the trial judge, in accordance with Arkansas law, removed eight perspective jurors who stated that they would not vote for a death sentence, over McCree’s objections. McCree was convicted, and sentenced to life without the possibility of parole. The conviction was affirmed. He filed a federal habeas corpus petition, alleging that his rights under the Sixth and Fourteenth Amendments were violated. The District Court agreed, and the Eighth Circuit affirmed. This decision was based in part on Witherspoon v. Illinois, which held that ” sentence of death cannot be carried out if the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction.”
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