Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary by David Reutter by David M. Reutter T he U.S. Court of Appeals for the Tenth Circuit held a defendant’s guilty plea was unknowing …

Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit affirmed the U.S. District Court for the Eastern District of Michigan’s order granting a Michigan prisoner’s petition for writ of habeas corpus …

Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because …

Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire by Jo Ellen Nott by Jo Ellen Nott The Journal of Empirical Legal Studies published a ground-breaking study out of Cornell University that proves prosecutors question Black venire persons in …

Louisiana Jury Selection Illegal According to Recently Passed Bill by Kevin Bliss by Kevin W. Bliss January 23, 2023, the Orleans Parish criminal court system halted all active jury trials until further information concerning the summons prices for jury selection could be supplied to the Fourth Circuit Court of Appeals …

First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of …

Post-Kingsley and Castro Proposed - Jury Instructions and Causes of Action, Shapiro, Pritzker School of Law, 2016 POST-KINGSLEY AND CASTRO PROPOSED JURY INSTRUCTIONS AND CAUSES OF ACTION David M. Shapiro August 15, 2016 Proposed Jury Instructions for Non-Force Claims By Jail Detainees The following suggested instructions are taken essentially verbatim …