green
Positive treatment
Quoted verbatim 1×
3.6 score
“we note that every jurisdiction which has spoken to the matter, and prohibited prosecution case-specific peremptory challenges on the basis of cognizable group affiliation, has held that the defense must likewise be so prohibited”
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 4 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Lemley v. State
we note that every jurisdiction which has spoken to the matter, and prohibited prosecution case-specific peremptory challenges on the basis of cognizable group affiliation, has held that the defense must likewise be so prohibited
discussed
Cited "see"
United States v. William R. Drews
See United States v. Leslie, 759 F.2d 366, 378 (5th Cir.1985), aff'd on other grounds, 783 F.2d 541 , 542 n. 1 (5th Cir.1986) (en banc), remanded on other grounds, 479 U.S. 1074 , 107 S.Ct. 1267 , 94 L.Ed.2d 128 (1987).
discussed
Cited "see"
United States v. Smith
See United States v. Tolliver, 780 F.2d 1177 (5th Cir.1986), reversed on other grounds, 479 U.S. 1074 , 107 S.Ct. 1267 , 94 L.Ed.2d 128 (1987) (defendant lacked standing to challenge the evidence seized as the result of a codefendant’s illegal arrest). .
discussed
Cited "see, e.g."
Thaddeus Donald Edmonson v. Leesville Concrete Company, Inc.
(2×)
Any other result, we think, would establish a rule wholly at odds with the peremptory challenge system as we know it." 380 U.S., at 222 , 85 S.Ct. at 836 (emphasis added). 10 (4) Where, however, it is shown that peremptories are being used to serve the purpose of generally disqualifying blacks as jurors on a racial basis, relief can be had. 11 A vigorous dissent, written by Justice Goldberg and joined by Chief Justice Warren and Justice Douglas, would have extended the holding of Strauder v. West Virginia, 100 U.S. 303 , 25 L.Ed. 664 (1880), to cover the situation presented by Swain, taking th…
Retrieving the full opinion text from the archive…
Tolliver
v.
United States
v.
United States
No. 85-1663.
Supreme Court of the United States.
Feb 23, 1987.
Cited by 8 opinions | Published
Citer courts: Court of Criminal Appeals of A… (1)
C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Griffith v. Kentucky, ante, p. 314.