This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during April 2023. Cases that may be of interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit decisions are available here.
fair cross section
A Jury of One’s Peers
Summer is here and everyone is feeling excited about fair cross-section claims. Or at least I am after hearing an enlightening presentation about them, described below.
Fair Cross Section
Yesterday, the United States Supreme Court decided Berghuis v. Smith, a case in which the defendant claimed that the pool from which his jury was selected was not a fair cross section of the community. In my experience, it is not uncommon for a defendant, particularly a minority defendant, to look at the jury pool … Read more