RICHARDSON
v.
L. S. U. MEDICAL CENTER ET AL.

U.S. | 1986-06-30
No. 85-6900
478 U.S. 1001 Supreme Court of the United States (1986) Positive Treatment
Cited by 13 cases

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  • United States v. Clemons, 843 F.2d 741 (3d Cir. 1988)
    …759 (1965), in which it required defendants challenging jury selection to establish [*744] racially discriminatory acts in multiple cases. Similarly, appellant relied on McCray v. Abrams, 750 F. 2d 1113, 1124-35 (2d Cir.1984), vacated and remanded, 478 U.S. 1001, 106 S.Ct. 3289, 92 L.Ed.2d 705 (1986), in which the Second Circuit departed from Swain and established a procedure for challenging racially discriminatory peremptory strikes under the sixth amendment’s guarantee that a fair trial necessarily includ…
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  • United States v. Biaggi, 909 F.2d 662 (2d Cir. 1990)
    …tative jury, rather than a representative jury itself, see Roman v. Abrams, 822 F. 2d 214, 229 (2d Cir.1987), cert. denied,—U.S.-, 109 S.Ct. 1311, 103 L.Ed.2d 580 (1989); McCray v. Abrams, 750 F. 2d 1113, 1124-25 (2d Cir.1984), vacated and remanded, 478 U.S. 1001, 106 S.Ct. 3289, 92 L.Ed.2d 705 (1986), but that opportunity can be imperiled if venires regularly lack even the small numbers of minorities necessary to reflect their proportion of the population. In this ease, Judge Motley found that addition of…
  • United States v. Ruiz, 894 F.2d 501 (2d Cir. 1990)
    ….Ct. at 1716 n. 4, we have held that the sixth amendment encompasses claims alleging discriminatory use of peremptories. See Roman v. Abrams, 822 F. 2d 214 (2d Cir.1987); see also McCray v. Abrams, 750 F. 2d 1113 (2d Cir.1984), vacated and remanded, 478 U.S. 1001, 106 S.Ct. 3289, 92 L.Ed.2d 705 (1986), appeal dismissed, No. 84-2026 (2d Cir. Oct. 23, 1986). The sixth amendment, we stated in Roman, guarantees a defendant “not that he will have a petit jury of any particular composition but that he will have th…

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