BYERS

v.

UNITED STATES

Citator

Cited By (21 total)

• Teague v. Lane, 489 U.S. 288 (U.S. 1989)
  …imacy of the prosecutor’s motive. Brief for Petitioner 35 (citing Batson, 476 U. S., at 101, n. (White, J., concurring)). See Weathersby v. Morris, 708 F. 2d 1493, 1495-1496 (CA9 1983) (supporting petitioner’s interpretation of Swain), cert. denied, 464 U. S. 1046 (1984). Petitioner candidly admits that he did not raise the Swain claim at trial or on direct appeal. Brief for Petitioner 38-39. Because of this failure, petitioner has forfeited review of the claim in the Illinois courts. “It is well established…

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• United States v. Vaccaro, 816 F.2d 443 (9th Cir. 1987)
  …r, and yet has reason to question the impartiality of a juror due to his habits and associations. Hayes v. Missouri, 120 U.S. 68, 70, 7 S.Ct. 350, 351, 30 L.Ed. 578 (1887); Weathersby v. Morris, 708 F. 2d 1493, 1496-97 (9th Cir. 1983), cert. denied, 464 U.S. 1046, 104 S.Ct. 719, 79 L.Ed.2d 181 (1984). Furthermore, in Batson, the Court stated that in order to establish a prima facie case a defendant must show that he or she is a member of a cognizable racial group and that the prosecutor has excluded members…
• Jones v. Bd. OF Police Comm'rs, 844 F.2d 500 (8th Cir. 1988)
  …to instruction 11, our review must be limited to determining whether the error, if any, is plain error in the sense that it has produced a miscarriage of justice. See Fed.R.Civ.P. 51; Rogers v. Rulo, 712 F. 2d 363, 368 (8th Cir.1983), cert. denied, 464 U.S. 1046, 104 S.Ct. 719, 79 L.Ed.2d 181 (1984). The plain error exception is quite narrow and is confined to the exceptional case where the error seriously affected the fairness or the integrity of the trial. Rogers, 712 F. 2d at 368. Reviewing the instruct…