use of a peremptory challenge (Indiana) · Go Syfert
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use of a peremptory challenge in Indiana

19 Indiana opinions name it 2 courts 1990–2020 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Jeter v. Stategreen
ind · 2008 · cited in 7 Indiana opinions naming this issue, 2010–2020
2 sentences

2011“The use of a peremptory challenge to strike a potential juror solely on the basis of race violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.” Killebrew v. State, 925 N.E.2d 399, 401 (Ind.Ct.App.2010) (citing Jeter v. State, 888 N.E.2d 1257, 1262 (Ind.2008), ce rt. denied — U.S.-, 129 S.Ct. 645 , 172 L.Ed.2d 626 ), trans. denied.

2011"The use of a peremptory challenge to strike a potential juror solely on the basis of race violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution." Killebrew v. State, 925 N.E.2d 399, 401 (Ind.Ct.App.2010) (citing Jeter v. State, 888 N.E.2d 1257, 1262 (Ind. 2008), cert. denied ___ U.S. ___, 129 S.Ct. 645 , 172 L.Ed.2d 626 ), trans. denied.

77
Powers v. Ohiogreen
scotus · 1991 · cited in 2 Indiana opinions naming this issue, 1994–2013
2 sentences

1994See Powers v. Ohio (1991), 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (a criminal defendant may object to the use of a peremptory challenge to exclude jurors based on their race whether or not the defendant and the excluded jurors share the same race); Edmonson v. Leesville Concrete Co., Inc. (1991), 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (the race-based exelusion of jurors by a private litigant in a civil case violates the equal protection rights of the challenged jurors).

1994See Powers v. Ohio (1991), 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (a criminal defendant may object to the use of a peremptory challenge to exclude jurors based on their race whether or not the defendant and the excluded jurors share the same race); Edmonson v. Leesville Concrete Co., Inc. (1991), 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (the race-based exelusion of jurors by a private litigant in a civil case violates the equal protection rights of the challenged jurors).

22
Batson v. Kentuckygreen
scotus · 1986 · cited in 11 Indiana opinions naming this issue, 2006–2019
2 sentences

2019Jeter v. State, 888 N.E.2d 1257, 1262 (Ind. 2008) (citing Court of Appeals of Indiana | Memorandum Decision 18A-CR-2182 | May 2, 2019 Page 4 of 9 Batson, 476 U.S. at 79 )).

2015“The use of a peremptory challenge to strike a potential juror solely on the basis of race violates the Equal Protection Clause of the 5 Batson v. Kentucky, 476 U.S. 79 (1986).

111
Killebrew v. Stategreen
indctapp · 2010 · cited in 2 Indiana opinions naming this issue, 2011–2015
2 sentences

2011“The use of a peremptory challenge to strike a potential juror solely on the basis of race violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.” Killebrew v. State, 925 N.E.2d 399, 401 (Ind.Ct.App.2010) (citing Jeter v. State, 888 N.E.2d 1257, 1262 (Ind.2008), ce rt. denied — U.S.-, 129 S.Ct. 645 , 172 L.Ed.2d 626 ), trans. denied.

2011"The use of a peremptory challenge to strike a potential juror solely on the basis of race violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution." Killebrew v. State, 925 N.E.2d 399, 401 (Ind.Ct.App.2010) (citing Jeter v. State, 888 N.E.2d 1257, 1262 (Ind. 2008), cert. denied ___ U.S. ___, 129 S.Ct. 645 , 172 L.Ed.2d 626 ), trans. denied.

12
Addison v. Stategreen
ind · 2012 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020Addison v. State, 962 N.E.2d 1202, 1208 (Ind. 2012); see also Jeter v. State, 888 N.E.2d 1257 , 1262–63 (Ind. 2008).

11
Georgia v. McCollumgreen
scotus · 1992 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006The Court of Appeals explained that, "(allthough one's religious beliefs may render a prospective juror unsuitable for service in a particular case, one's religious affiliation, like one's race or gender, bears no relation to that person's ability to serve as a juror." Id. (emphasis in original) (citing (Georgia v. McCollum, 505 U.S. 42, 59 , 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992) ("In our heterogenous society policy as well as constitutional considerations militate against the divisive assumption-as a per se rule-that justice in a court of law may turn upon the pigmentation of skin, the accid

2006The Court of Appeals explained that, "(allthough one's religious beliefs may render a prospective juror unsuitable for service in a particular case, one's religious affiliation, like one's race or gender, bears no relation to that person's ability to serve as a juror." Id. (emphasis in original) (citing (Georgia v. McCollum, 505 U.S. 42, 59 , 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992) ("In our heterogenous society policy as well as constitutional considerations militate against the divisive assumption-as a per se rule-that justice in a court of law may turn upon the pigmentation of skin, the accid

11
State v. Clarkgreen
nm · 1999 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006The Court of Appeals explained that, "(allthough one's religious beliefs may render a prospective juror unsuitable for service in a particular case, one's religious affiliation, like one's race or gender, bears no relation to that person's ability to serve as a juror." Id. (emphasis in original) (citing (Georgia v. McCollum, 505 U.S. 42, 59 , 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992) ("In our heterogenous society policy as well as constitutional considerations militate against the divisive assumption-as a per se rule-that justice in a court of law may turn upon the pigmentation of skin, the accid

11
State v. Hodgegreen
conn · 1999 · cited in 1 Indiana opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., Hodge, 726 A.2d at 553 .

2005See, e.g., Hodge, 726 A.2d at 553 .

11
Moore v. Bondgreen
ind · 1838 · cited in 1 Indiana opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., Wiley v. State, 4 Blackf. 458 , 1838 WL 1875 (Ind.1838) (citing R.C, 1831, p. 408, “forty-second section of the practice act” for the statutory right of “each party” in a civil case to make “peremptory challenge to three jurors”); and see current Ind.Code § 34-36-3-3 (“Each party in a civil case has three (3) peremptory challenges.”).

2002See, e.g., Wiley v. State, 4 Blackf. 458 , 1838 WL 1875 (Ind.1838) (citing R.C., 1831, p. 408, "forty-second section of the practice act" for the statutory right of "each party" in a civil case to make "peremptory challenge to three jurors"); and see current Ind.Code § 34-36-3-3 ("Each party in a civil case has three (3) peremptory challenges.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Snyder v. Louisiana green
scotus · 2008
2 sentences

2014Id. (citing Snyder, 552 U.S. at 477 , 128 S.Ct. 1203 ).

2014Id. (citing Snyder, 552 U.S. at 477 , 128 S.Ct. 1203 ).

12014–2014
Johnson v. California green
scotus · 2005
1 sentence

2014Id. (citing Snyder, 552 U.S. at 477 , 128 S.Ct. 1203 ).

12014–2014
Edmonson v. Leesville Concrete Co. green
scotus · 1991
2 sentences

1994See Powers v. Ohio (1991), 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (a criminal defendant may object to the use of a peremptory challenge to exclude jurors based on their race whether or not the defendant and the excluded jurors share the same race); Edmonson v. Leesville Concrete Co., Inc. (1991), 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (the race-based exelusion of jurors by a private litigant in a civil case violates the equal protection rights of the challenged jurors).

1994See Powers v. Ohio (1991), 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (a criminal defendant may object to the use of a peremptory challenge to exclude jurors based on their race whether or not the defendant and the excluded jurors share the same race); Edmonson v. Leesville Concrete Co., Inc. (1991), 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (the race-based exelusion of jurors by a private litigant in a civil case violates the equal protection rights of the challenged jurors).

11994–1994
Schroer v. Funk & Sons, Inc. neutral
ind · 1968
2 sentences

1994In Schroer v. Funk (1968), Ind., 237 N.E.2d 247 , Justice Jackson stated unequivocally: "The right of the litigant to the use of a peremptory challenge is absolute, there is no area of discretion on the part of the trial court wherein and whereby such right can be denied or abrogated. s * * a ik * The language of the Appellate court relative to the statement that the denial of a peremptory challenge of a juror 'primarily involves the exercise of the discretionary powers of the court' is hereby totally disapproved and is deleted." Id. at 248 .

1994In Schroer v. Funk (1968), Ind., 237 N.E.2d 247 , Justice Jackson stated unequivocally: "The right of the litigant to the use of a peremptory challenge is absolute, there is no area of discretion on the part of the trial court wherein and whereby such right can be denied or abrogated. s * * a ik * The language of the Appellate court relative to the statement that the denial of a peremptory challenge of a juror 'primarily involves the exercise of the discretionary powers of the court' is hereby totally disapproved and is deleted." Id. at 248 .

11994–1994
Phillips v. State green
ind · 1986
1 sentence

1990Batson, supra; Phillips v. State (1986), Ind., 496 N.E.2d 87 .

11990–1990

Statutes the citing opinions construe

IN § Ind. Code § 35-48-4-6 (6) IN § Ind. Code § 35-37-1-3 (4) IN § Ind. Code § 35-41-5-2 (4) IN § Ind. Code § 35-48-4-1 (4) IN § Ind. Code § 35-47-2-1 (3) IN § Ind. Code § 9-24-19-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 36 (1988–2025) OH 26 (1997–2025) FL 25 (1994–2026) IN 19 (1990–2020) WA 18 (1976–2026) MA 17 (1991–2025) IL 13 (1990–2024) CA 9 (1988–2025) MN 9 (1985–2024) CO 8 (1992–2026) MO 7 (1974–2014) WI 6 (1998–2001) CT 6 (1995–2019) AR 6 (1984–2001) MI 5 (1989–2014) NV 5 (2018–2020) MS 5 (1991–2001) IA 5 (2005–2021) MD 4 (1989–1992) AL 4 (1990–2026) OR 4 (1990–2022) AZ 4 (1989–2003) NY 4 (1997–2019) TN 4 (2005–2021) KY 4 (1992–2024) LA 3 (1992–2006) UT 3 (1989–2002) GA 3 (1993–2003) NJ 2 (2019–2025) OK 2 (1995–2003) MT 2 (1999–2022) ID 2 (2018–2023) PA 2 (1989–1995) SC 2 (2000–2011) WV 2 (1995–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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