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Constitutional Law Keyed to Choper
Strauder v. West Virginia
Citation:
100 U.S. 303 (1880)Facts
Taylor Strauder, a Black man, was indicted for murder in the Circuit Court of Ohio County, West Virginia in October 1874. Before his trial began, Strauder filed a petition requesting removal of his case to federal court, arguing that West Virginia law prohibited Black citizens from serving on juries. The state statute in question, enacted in 1873, explicitly limited jury service to “white male persons” who were citizens of the state and at least twenty-one years old. Strauder contended that this racial exclusion denied him equal protection under the law as guaranteed by the Fourteenth Amendment. The state court denied his petition and proceeded with the trial, where he was convicted. Strauder also filed motions to quash the venire and challenge the jury panel on constitutional grounds, but these were overruled. After his conviction was affirmed by the West Virginia Supreme Court, he appealed to the U.S. Supreme Court.
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