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Criminal Procedure Keyed to Ohlin
Teague v. Lane
Citation:
489 U.S. 288 (1989)Facts
Petitioner, a black man, was convicted by an all-white Illinois jury of three counts of attempted murder, two counts of armed robbery, and one count of aggravated battery. During jury selection for petitioner’s trial, the prosecutor used all 10 of his peremptory challenges to exclude blacks. Petitioner’s counsel then moved for a mistrial. The trial court denied the motion. On appeal, petitioner argued that the prosecutor’s use of peremptory challenges denied him the right to be tried by a jury that was representative of the community. The appeal was rejected. Petitioner then filed a petition for a writ of habeas corpus and repeated his fair cross section claim. He also argued that a prosecutor could be questioned about his use of peremptory challenges once he volunteered an explanation.
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