United States First Circuit

The government's writ of mandamus is granted to prevent the district court's use of a supplemented list for jury selection that would have resulted in a greater proportion of African Americans than the original jury list.

Appellate Information

• Decided 10/07/2005
• Published 10/07/2005

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Timothy Q. Feeley, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney, Lori J. Holik, Assistant United States Attorney and Theodore B. Heinrich, Assistant United States Attorney were on petition for a writ of mandamus, motion to stay district court order, and request for leave to file a supplemental brief., Charles W. Rankin, James L. Sultan and Rankin & Sultan on brief for Nancy Gertner, United States District Judge., Jackie Gardina, Vermont Law School, on brief for Chief Judge William G. Young, Amicus Curiae., Michael Avery, Suffolk Law School, on brief for National Lawyers Guild, Massachusetts Association of Criminal Defense Lawyers and Juvenile Justice Center of Suffolk University Law School, Amici Curiae., Julia M. Wade, David J. Apfel and Goodwin Procter LLP on brief for The Boston Bar Association, The Committee for Public Counsel Services, and The National Association of Criminal Defense Lawyers, Amici Curiae., William W. Fick, Martin F. Murphy, Foley Hoag LLP, Nadine Cohen, Barbara J. Dougan, Lawyers' Committee for Civil Rights, Dennis Courtland Hayes, General Counsel, Victor L. Goode, Assistant General Counsel, NAACP, Charles J. Ogletree and Charles Hamilton Houston Institute for Race & Justice on brief for Lawyers' Committee for Civil Rights Under Law Of The Boston Bar Association and Boston Branch of the NAACP, Greater Boston Civil Rights Coalition, Community Change, Inc., Jewish Alliance for Law and Social Action, Women's Bar Association, Massachusetts Black Lawyers Association, Charles Hamilton Houston Institute for Race and Justice, and Massachusetts BlackLegislative Caucus, Amici Curiae.


• For Appellees:
  
• Patricia Garin with whom Max D. Stern, Kenneth M. Resnik, Stern, Shapiro, Wiessberg & Garin, LLP, David P. Hoose, Katz, Sasson, Hoose & Turnbill, John H. Cuhna, Jr., Cuhna & Holcomb, P.C., Randolph Gioia, Elizabeth Billowitz, Law Office of Randy Gioia, Sarah Jennings Hunt, William C. Brennan, Jr., Brennan, Trainor, Billman & Bennett, LLP, George F. Gormley and George F. Gormley, P.C. were on opposition to the government's petition for a writ of mandamus and opposition to the government's motion to stay district court order for respondents Branden Morris, Jonathan Hart, Darryl Green and Edward Washington.