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The defense peremptorily challenged nine potential jurors and the prosecutor, Joe Gutmann, peremptorily challenged six, including all four black persons, and a jury composed only of white persons was selected.
The defense counsel moved to discharge the whole jury on the ground that the prosecutor's removal of the black veniremen violated petitioner's rights under the Sixth and Fourteenth Amendments to a jury drawn from a cross section of the community, and under the Fourteenth Amendment to equal protection of the laws.
West Virginia reaffirmed; prosecutors may not use race as a factor in making peremptory challenges; defendants must only make a prima facie showing on the evidence from their case to mount a challenge to race-based use of peremptories. The case gave rise to the term Batson challenge, an objection to a peremptory challenge based on the standard established by the Supreme Court's decision in this case. During this phase potential jurors are examined by the Court, the prosecution, and the defense, to determine their competence, willingness, and suitability to hear, deliberate and decide a case put to them to render a verdict.
Subsequent jurisprudence has resulted in the extension of Batson to civil cases (Edmonson v. During voir dire the judge can dismiss jurors and both the prosecution and the defense have a limited number of peremptory challenges, which are accepted on their face, as the right of the party making the challenge and which they use to excuse any juror for any reason which the particular side believes will help their case.Leesville Concrete Company) and cases where jurors are excluded on the basis of sex (J. In this case, the judge dismissed several potential jurors for various causes. The principle had been established previously by several state courts, including the California Supreme Court in 1978, the Massachusetts Supreme Judicial Court in 1979 and the Florida Supreme Court in 1984.Sign up now to place your free gay personal ad and check out the ads of other available gay singles in Batson! I am wanting someone who needs it several times a day or very long sessions. Hook up with sexy black singles in Batson, Texas, with our free dating personal ads.