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Federal Civil and Criminal Appeals
Blogs in this heading will deal with all types of Federal Civil and Criminal Appeals.
Peremptory challenge violated 6th Amendment
Posted by: Melville Johnson, P.C.
May 14, 2008
Deshaun Odeneal and Shane Andres (the Defendants), African-Americans, were convicted of various federal narcotics and firearms crimes. On appeal, they alleged that the prosecutor's use of peremptory challenges was based on race, in violation of the Sixth Amendment right to trial by jury and Batson v. Kentucky, 476 U.S. 79. Sixty-six individuals constituted the venire panel for the Defendants' trial, of whom four were African-Americans. The government used peremptory strikes to remove...
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