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Criminal Law

: Capital Defense Weekly

Race still matters in jury selection

By Karl R. Keys, Esq.

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In a decision that comes as a surprise to no one, the Supreme Court on Wednesday morning granted a new trial to Allen Snyder of Kenner, La. The opinion in Snyder v. Louisiana can be downloaded here. The trial court in Snyder struck every African-American jury in the jury pool who was not removed for cause. The Court, understandably, granted relief citing racial prejudice in jury selection.  As the SCOTUSblog correctly notes: The Court?s decision appeared to be a straightforward application of the 1986 decision in Batson v. Kentucky and sequels to it ? decisions that barred race-based uses of automatic (?peremptory?) challenges in criminal trials. Justice Alito?s opinion, while reciting familiar legal principles, focused his opinion primarily upon the specific facts in prosecutor?s removal of a black college student ? first because, prosecutors said, he appeared nervous, and second because, they argued, the young man had obligations as a student teacher...continue to full post

Full post as published by Capital Defense Weekly on March 19, 2008 (boomark / email).

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