Criminal Procedure keyed to Kamisar
Teague v. Lane
The petitioner, a black man, was convicted in an Illinois state court for three counts of attempted murder, two counts of armed robbery, and one count of aggravated battery by an all white jury. During jury selection, the prosecutor used all ten of his peremptory challenges to exclude blacks. The petitioner’s attorney used one of his ten challenges to exclude a black woman married to a police officer. The petitioner’s attorney moved for a mistrial after six blacks were struck, but the trial court denied the motion. Teague again moved for a mistrial after an additional four blacks were struck. The prosecutor defended the challenges by stating that he was trying to achieve a balance of men and women on the jury. The trial court again denied the motion. The petitioner appealed to the Illinois Appellate Court which rejected his claim that the challenges denied him the right to be tried by a jury representative of the community. The petitioner then filed a petition for writ of habeas corpus in United States District Court (“District Court”) again arguing the fair cross section claim, and arguing that under Swain v. Alabama, a prosecutor could be questioned about his use of peremptory challenges once he volunteered an explanation. The District Court denied the Petitioner’s petition, but a panel of the Court of Appeals agreed that the fair cross section requirement applied to a petit jury, and held that there was a prima facie case of discrimination. The Court of Appeals voted to rehear the case, but postponed it until a decision in Batson v. Kentucky, which overruled a portion of Swain. After Batson was decided, the Court of Appeals held that the petitioner could not benefit from the rule retroactively, that his Swain claim was proc edurally barred, and the fair cross section claim was limited to jury venire.
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