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Carmichael: Jury Pool Ok in Middle District of Alabama

By Tim Cone

In U.S. v. Carmichael, No. 07-11400 (March 5, 2009), the Court rejected the defendant?s challenge to the validity of his Alabama jury venire.The Court recognized that as a result of errors and technical glitches, the Jury Administrator re-summoned more than 15% of previously deferred jurors, a court-imposed limit that was designed to prevent jury venires from being disproportionately white. However, these deferred jurors were not given a preferential position but were selected at random for venires. Thus, the violation was not substantial.The Court also rejected a challenge to the voter list-based jury pool under the Jury Selection and Service Act, finding no requirement in this Act for voter list supplementation when they result in over- or under-representation of certain groups...continue to full post

Full post as published by Defense Newsletter Blog on March 10, 2009 (boomark / email).