State v. Ashworth, 704 So. 2d 228 (La. 1997). · Go Syfert
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State v. Ashworth, 704 So. 2d 228 (La. 1997). Cases Citing This Book View Copy Cite
26 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Arcuri (lactapp, 1999-02-19)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Arcuri (2×) also: Cited "see"
La. Ct. App. · 1999 · confidence medium
In all cases, the burden of proof “rests on defendant to establish purposeful discrimination in the selection of grand and petit jury venires.” State v. Ashworth, 97-2917, p. 1 (La.11/25/97), 704 So.2d 228, 229 (quoting State v. Sheppard, 350 So.2d 615, 651 (La.1977)).
cited Cited "see" Everett v. Baton Rouge Student Housing, L.L.C.
La. Ct. App. · 2011 · signal: see · confidence high
LSA-C.C.P. art. 2162; see Strickland v. Layrisson, 96-1280 (La.App. 1st Cir.6/20/97), 696 So.2d 621, 624 , writ denied, 97-1940 (La.11/14/97), 704 So.2d 228 .
cited Cited "see" State v. Johnson
La. Ct. App. · 2001 · signal: see · confidence high
See LSA-C.Cr.P. art. 419A and State v. Ashworth, 97-2917 (La.11/25/97), 704 So.2d 228 .
cited Cited "see, e.g." State v. Baker
La. Ct. App. · 2001 · signal: see also · confidence low
State v. Miles, 569 So.2d 972 (La.1990); State v. Laird, 551 So.2d 1310 (La.1989); See also, State v. Thomas, 97-1542 (La.11/21/97), 704 So.2d 228 .
Retrieving the full opinion text from the archive…
STATE of Louisiana
v.
Michael ASHWORTH.
97-KK-2917.
Supreme Court of Louisiana.
Nov 25, 1997.
704 So. 2d 228
1997 WL 742418
Per Curiam.
Cited by 5 opinions  |  Published

PER CURIAM:

The judgment of the court of appeal is vacated, and the ruling of the district court on defendant's motion to quash is reinstated.

[*229] In ruling on a motion to quash based solely on violation of the statutory requirements in La.C.Cr.P. art. 408.1 for selecting the general, grand, and petit venires in Louisiana, neither the district court nor an appellate court may presume irreparable injury for purposes of La.C.Cr.P. art. 419. In all cases, the burden of proof "rests on defendant to establish purposeful discrimination in the selection of grand and petit jury venires." State v. Sheppard, 350 So.2d 615, 651 (La. 1977). This Court has previously held that even the exclusive use of voter registration lists, without any showing in the record of any discrimination against a class of people, does not establish a violation of the Sixth Amendment fair cross-section requirement. State v. Lee, 559 So.2d 1310, 1315, n. 3 (La. 1990), cert. denied, 499 U.S. 954, 111 S.Ct. 1431, 113 L.Ed.2d 482 (1991); State v. Unger, 362 So.2d 1095, 1099-1100 (La.1978); State v. Daigle, 344 So.2d 1380, 1390 (La.1977). To the extent that the nonobservance of 1997 La.Acts No. 886 by the Jury Commission appears simply to reflect confusion over the effect of the new law, the 33rd Judicial District Court may have a reasonable time, not to exceed March 1, 1998, in which to reconstitute its venires according to the legislature's present directives in art. 408.1. In the interim, trial may proceed in this case with a jury selected from the venires drawn in conformity with the requirements of art. 408.1 as they existed before the effective date of the 1997 amendment.

VICTORY, J., not on panel.