SWAIN

v.

ALABAMA

Citator

Cited By

• State v. Slappy, 522 So. 2d 18 (Fla. 1988)
  …ate, 511 So. 2d 762 (Fla. 3d DCA 1987); Blackshear; Kibler v. State, 501 So. 2d 76 (Fla. 5th DCA 1987). This Court early had recognized the impossible burden imposed by Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, rehearing denied, 381 U.S. 921, 85 S.Ct. 1528, 14 L.Ed.2d 442 (1965), which had required a defendant to show discriminatory practices employed systematically in a number of similar cases or contexts. In Neil, therefore we established the following test: A party concerned about t…
• United States v. Spiver Whitney Gordon, 817 F.2d 1538 (11th Cir. 1987)
  …aud cases against black leaders. Gordon asserts a violation of the recent case of Batson v. Kentucky, _ U.S. _, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and the seminal case of Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, reh’g denied, 381 U.S. 921, 85 S.Ct. 1528, 14 L.Ed.2d 442 (1965). The district court denied Gordon’s motion for dismissal of the indictment, for a mistrial, and for a hearing to determine the basis for the Government’s use of peremptory challenges. The Government voluntarily…
• United States v. Lowden David, 803 F.2d 1567 (11th Cir. 1986)
  …lternate jurors. One black juror and a black alternate were seated. The district court concluded that David had not made a showing that would entitle him to any relief under Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, reh’g denied, 381 U.S. 921, 85 S.Ct. 1528, 14 L.Ed.2d 442 (1965). David filed his brief before the Supreme Court announced in Batson v. Kentucky, --- U.S. ---, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), a new evidentiary standard for establishing when a prosecutor’s use of peremp…