US Supreme Court Docket
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No. 06-413
- Jeffrey Uttecht, Superintendent, Washington State Penitentiary v. Cal Coburn Brown
Subject:
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Death Penalty, Habeas Corpus, Juror Removal, Criminal Law & Procedure
In Wainwright v. Witt, 469 U.S. 412 (1985), and Darden v. Wainwright, 477 U.S. 168 (1986), this Court held that a state trial judge may, without setting forth any explicit findings or conclusions, remove a juror for cause when the judge determines the juror's views on the death penalty would substantially impair his or her ability to follow the law and perform the duties of a juror. The Court further held that a federal habeas court reviewing the decision to remove the juror must defer to the trial judge's ability to observe the juror's demeanor and credibility, and apply the statutory presumption of correctness to the judge's implicit factual determination of the juror's substantial impairment.
Did the Ninth Circuit err by not deferring to the trial judge's observations and by not applying the statutory presumption of correctness in ruling that the state court decision to remove a juror was contrary to clearly established federal law?- U.S. Court of Appeals - 9th Circuit
Opinion Filed: June 19, 2006
- United States Supreme Court, Cert. Granted: January 12, 2007
Resources:
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket
Parties
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Coming Soon
For Petitioner:
John J. SamsonFor Respondent:
Office of the Attorney General
Olympia, WA
Suzanne Lee Elliott
Law Office Suzanne Lee Elliott
Seattle, WA
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