United States Third Circuit

Denial of habeas petition is affirmed where the dismissal of a potential juror did not violate Witherspoon v. Illinois, and the trial judge's answer to a question for the jury during penalty phase deliberations did not result in punishment imposed in violation of the Eighth Amendment.

Appellate Information

• Argued 07/08/2003
• Decided 11/05/2003
• Published 11/05/2003

Judges

• Before ROTH, BECKER and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Yvonne Smith Segars, Public Defender of New Jersey, Mark H. Friedman (Argued), Assistant Deputy Public Defender, Theresa Yvette Kyles, Assistant Deputy Public Defender, Office of the Public Defender, Department of the Public Advocate, Newark, NJ, Alan L. Zegas, Patricia A. Lee, Chatham, NJ, for Appellant.


• For Appellees:
  
• John L. Molinelli, Bergen County Prosecutor, Catherine A. Foddai (Argued), Assistant Prosecutor, Hackensack, NJ, for Appellees.