LEE
v.
MISSOURI
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The Court held that its decision in Duren v. Missouri, which established new constitutional standards for jury selection, should not be applied retroactively to cases where the jury was sworn before Taylor v. Louisiana.
In these cases, trial courts denied motions to quash petit jury panels. The convictions were affirmed based on prior rulings, but the Supreme Court re…
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Per Curiam.
The motions for leave to proceed in forma pauperis are granted.
In each of these cases, the trial court denied a timely motion to quash the petit jury panel. On appeal, the convictions were affirmed on the basis of State v. Duren, 556 S. W. 2d 11 (Mo. 1977). State v. Lee, 556 S. W. 2d 25 (Mo. 1977) ; State v. Minor, 556 S. W. 2d 35 (Mo. 1977); State v. Arrington, 559 S. W. 2d 749 (Mo. 1978); State v. Burnfin, 560 S. W. 2d 283 (Mo. App. 1977); State v. Combs, 564 S. W. 2d 328 (Mo. App. 1978).
We reversed the decision below in Duren because of inconsistency with the principles enunciated in Taylor v. Louisiana, 419 U. S. 522 (1975). Ante, p. 357. The State of Missouri has urged that our decision in Duren not be applied retroactively to petitioners or appellants other than Duren himself. However, because that decision does not announce any “new standards” of constitutional law not evident from the decision in Taylor v. Louisiana, the considerations that have led us in other cases to depart from full retroactive application of constitutional holdings, see, e. g., Stovall v. Denno, 388 U. S. 293, 297 (1967), are inapplicable to juries sworn after the decision in Taylor v. Louisiana. Compare Daniel v. Louisiana, 420 U. S. 31 (1975), holding Taylor v. Louisiana inapplicable to cases in which the jury was sworn prior to the date of that decision.
We note that in any case in which a jury was sworn subsequent to Taylor v. Louisiana and the fair-cross-section claim based on exclusion of. women was rejected on direct review or in state collateral proceedings because of the defendant’s failure to assert the claim in timely fashion, relief is unavailable under 28 U. S. C. § 2254 unless the petitioner can show cause for having failed to raise his claim properly in the state courts. See Wainwright v. Sykes, 433 U. S. 72 (1977).
The petitions for certiorari in Nos. 77-6066, 77-6068, 77-6701, and 77-7012 are granted. The judgments below in those cases, together with that in No. 77-6553, are vacated, and the cases are remanded for reconsideration in light of Duren v. Missouri, ante, p. 357.
So ordered.
[For opinion of Mr. Justice Powell concurring in the judgments, see ante, p. 460.]
Mr. Justice Rehnquist dissents.
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Alachua Cnty. Court Executive v. Anthony, 418 So. 2d 264 (Fla. 1982)…Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979), the United States Supreme Court declared unconstitutional an exemption available upon request to all women because of their important role in the home and family life. In Lee v. Missouri, 439 U.S. 461, 99 S.Ct. 710, 58 L.Ed.2d 736 (1979), the Court ordered that the Duren decision be retroactively applied to all juries sworn after the 1975 ruling in Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975), which set out the basic con…
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Engle v. Isaac, 456 U.S. 107 (U.S. 1982)…practice requiring criminal defendants to negate malice by proving that they acted in the heat of passion. We thus explicitly acknowledged the link between Winship and constitutional limits on assignment of the burden of proof. Cf. Lee v. Missouri, 439 U. S. 461, 462 (1979) (per curiam) (suggesting that defendants who failed, after Taylor v. Louisiana, 419 U. S. 522 (1975), to object to the exclusion of women from juries must show cause for the failure). Respondents argue at length that, before the Ohio Su…
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Teague v. Lane, 489 U.S. 288 (U.S. 1989)…mong other things, until a rule is set forth, it would be extremely difficult to evaluate whether the rule is “new” at all. If it is not, of course, no retroactivity question arises. See, e. g., Yates v. Aiken, 484 U. S. 211 (1988); Lee v. Missouri, 439 U. S. 461 (1979) (per curiam); accord, ante, at 300, 307. I note too that in Witherspoon v. Illinois, 391 U. S. 510, 523, n. 22 (1968), which the plurality cites to support its simultaneous decision guideline, retroactivity was addressed only after establishm…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wainwright v. Sykes, 433 U.S. 72 (U.S. 1977)
- Stovall v. Denno, 388 U.S. 293 (U.S. 1967)
- Taylor v. Louisiana, 419 U.S. 522 (U.S. 1975)
- Daniel v. Louisiana, 420 U.S. 31 (U.S. 1975)