Berghuis v. Smith
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Jan 20, 2010
|Mar 30, 2010||9-0||Ginsburg||OT 2009|
Holding: Defendants have the right to a trial by a jury selected from a fair cross-section of the community. In this case, in which an African-American man convicted by an all-white jury selected from a pool that contained a very small percentage of African Americans, the Court held that the underrepresentation of African-Americans in the jury pool was not serious enough to warrant overturning the conviction, and that there was not enough evidence of systematic exclusion of black jurors from the pool.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on March 30, 2010. Justice Thomas filed a concurring opinion.
- Court rejects Sixth Amendment habeas challenge to the representation of African Americans in the jury pool (James Bickford)
- If a group is underrepresented in a jury pool, how do you tell? (Erin Miller)
- AEDPA and the Sixth Amendment's â€œFair Cross-Sectionâ€ Requirement (Erin Miller)
Briefs and Documents
- Brief for Criminal Justice Legal Foundation in Support of Petitioner
- Brief for Social Scientists, Statisticians, and Law Professors Jeffery Fagan, et al. in Support of Respondent
- Brief for the NAACP Legal Defense & Educational Fund, Inc. in Support of Respondent
- Brief for the National Association of Criminal Defense Lawyers, the American Civil Liberties Union, and the National Jury Project in Support of Respondent
- Brief for the Charles Hamilton Houston Institute for Race and Justice, the NAACP, et al. in Support of Respondent