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19 Apr 2022, 10:20 am by David Oscar Markus
As with other forms of disqualifying bias, if even one racially biased juror is empaneled and the death penalty is imposed,“the State is disentitled to execute the sentence,” Morgan v. [read post]
29 Jan 2007, 11:44 am
I previously noted that the result in Briggs and Clay would have been different had they been tried today, due to the R.C.M. 912(f)(4) change designed to compel a different result in United States v. [read post]
17 Sep 2018, 11:07 am by Jon Sands
Here, the 9th granted relief for actual bias, as the juror never stated she could put aside her bias and decide impartially. [read post]
20 Nov 2008, 8:01 am
Tenth Circuit reinstates conviction after concluding FRE 606(b) exceptions did not apply and Sixth Amendment right to an impartial jury was not violated; Tenth Circuit notes circuit split on whether allegations of juror misconduct on dishonesty during voir dire may be considered, in United States v. [read post]
29 Oct 2009, 12:41 pm by WIMS
As stated by the Appeals Court, NN's main argument against the prior decision is that "unless a statute requires exhaustion, judicial review of agency action under the APA, applicable where no other statutory channel of review is provided, does not require exhaustion unless there is both internal agency review available and the final agency action is rendered inoperative during such review. [read post]
26 Nov 2008, 5:32 am
  Applying the maxim "ask, and thou shalt not receive," the district judge in United States v. [read post]