Opinion · Court of Appeals for the Second Circuit

United States v. Alexander Danzey

622 F.2d 1065

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1980-06-13
Topic
bankruptcy

*1066 MANSFIELD, OAKES, NEWMAN and KEARSE, Circuit Judges, concur in denial of en banc consideration for the following reasons: Defendant, who is Black, suggests that this appeal from a criminal conviction should be reheard en banc because during jury selection the Assistant United States Attorney used all of his peremptory challenges against Black veniremen and acknowledged a “practice to attempt to exclude” jurors of the same ethnic background as that of the defendant. While use of peremptory challenges based on a group bias assumption denies no cognizable legal rights “in any particular case,” Swain v. Alabama, 380 U.S. 202, 221, 85 S.Ct. 824, 836, 13 L.Ed.2d 759 (1965), a substantial issue would arise if peremptory challenges were being used consistently to exclude Blacks from service as jurors in general or in a significant category of cases. See United States v. Nelson, 529 F.2d 40 (8th Cir. 1976); United States v.

Citator

UpLaw has not yet analyzed United States v. Alexander Danzey. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
8 opinions