United States Supreme Court
Berghuis v. Smith, 08-1402
In habeas proceedings brought by an individual convicted of second degree murder by an all-white jury, the Sixth Circuit's reversal of the denial of petitioner's habeas petition is reversed where Duren v. Missouri, 439 U. S. 357 (1979), hardly established -- much less "clearly" so -- that petitioner was denied his Sixth Amendment right to an impartial jury drawn from a fair cross section of the community, because petitioner's evidence gave the Michigan Supreme Court little reason to conclude that the county's juror assignment order had any significant effect on the representation of African-Americans in the venire.
Appellate Information
- Decided 03/30/2010
- Published 03/30/2010
Judges
Court
- United States Supreme Court