Telltale Files | Foster v. Chatman

Lyle Denniston, Opinion analysis: Telltale files on race-based jury selection, SCOTUSblog (May. 23, 2016, 2:22 PM), http://www.scotusblog.com/2016/05/opinion-analysis-telltale-files-on-race-based-jury-selection/

Opinion analysis: Telltale files on race-based jury selection
Analysis

“The Supreme Court made a new effort on Monday to restrict prosecutors’ power to strike black jurors in a racially sensitive case, but the result was so tightly focused on what happened at just one trial that it was doubtful that the new ruling would do much to end the practice. What made the difference this time, it appeared, was defense lawyers’ discovery of telltale files obtained from prosecutors years after the trial was over…

The decision in Foster v. Chatman dealt with the trial practice of “peremptory strikes” of members of a jury pool — that is, striking a pool member without giving a reason to do so. Until the 1986 ruling in Batson v. Kentucky, the use of such strikes could not be challenged…”

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