Sentences with word «venire»

It appears to the Court that both sides intend to email or text the names and places of residences of venire members as soon as they are called forward to waiting squads of Internet investigators, who will feed results to counsel table via reverse text or email.

Finally, a random set of venire persons is summoned via snail mail.

Unwilling to rest solely on jury venire cases such as Strauder, the Court also invokes general equal protection principles in support of its holding.

I do so because Swain itself indicated that the presumption of legitimacy with respect to the striking of black venire persons could be overcome by evidence that, over a period of time, the prosecution had consistently excluded blacks from petit juries.

Advent: coming or arrival, from Latin adventus, meaning arrival, or approach [prefix ad, meaning to, with, or towards, plus verb venire, meaning to come].

Kelley said that Erin's blog was pointed out to him by jury consultant Amy Singer, who wrote, «This blog post illustrates the necessity of online searching venire panelists for information.»

For almost 130 principles and rules of transnational law, like «venire contra factum proprium», «duty to mitigate» or «compensation for expropriation», the TransLex - Principles provide the user with their black letter text and comprehensive references taken from international arbitral awards, domestic statutes, international conventions, standard contract forms, trade practices and usages, other sample clauses and academic sources.

[p97] For example, a «pattern» of strikes against black jurors included in the particular venire might give rise to an inference of discrimination.

The record in Swain showed that the prosecutor [p91] had used the State's peremptory challenges to strike the six black persons included on the petit jury venire.

Voltaire has helped me overcome the all too common frustration of getting the venire list the day before, or even the day of trial.

In order to get a venire (the group of people from whom the jury will be selected) that represents the community in terms of sex, race, income level, geography, and so on, jury summonses must reach all those groups in proper proportion.

One judge dismissed the 45 - person venire that included one African - American, while another judge kept his all - white 50 - person venire.

But lawyers who look at a venire and see people with no potential demographic predispositions for or against a defendant (or plaintiff) are almost certainly a rarity.

Since Batson, trial lawyers have learned to cloak their real causes for striking a venire member behind «concerns» that can pass for reasonable, thus rendering Batson toothless.

Last month in Chicago, two federal judges reacted differently when the venires for trials for African - American defendants were far from diverse.

While the decision focused on one peremptory challenge, it inexplicably ignored the broader context, in which the prosecutor successfully struck every black in the venire and then made his «O.J.» argument to an all - white jury.

1712, 90 L.Ed.2 d 69 (1986), which held that a defendant in a state criminal trial can establish a prima facie case of racial discrimination, violative of the fourteenth amendment, based on the prosecution's use of peremptory challenges to strike members of the defendant's race from the jury venire.

venire: Latin: «To come.»

The prosecutor then used his peremptory challenges to strike all four black persons on the venire, and a jury composed only of white persons was selected.

The defendant first must show that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race.

(b) The same equal protection principles as are applied to determine whether there is discrimination in selecting the venire also govern the State's use of peremptory challenges to strike individual jurors from the petit jury.

During the criminal trial in a Kentucky state court of petitioner, a black man, the judge conducted voir dire examination of the jury venire and excused certain jurors for cause.

To establish such a case, the defendant first must show that he is a member of a cognizable racial group, Castaneda v. Partida, supra, at 494, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race.

Affirming the conviction, the Kentucky Supreme Court observed that recently, in another case, it had relied on Swain v. Alabama, 380 U.S. 202, and had held that a defendant alleging lack of a fair cross-section must demonstrate systematic exclusion of a group of jurors from the venire.

On the first day of trial in Jefferson Circuit Court, the judge conducted voir dire examination of the venire, excused certain jurors for cause, and permitted the parties to [p83] exercise peremptory challenges.

The standards for assessing a prima facie case in the context of discriminatory selection of the venire have been fully articulated since Swain.

The moot court teams argued two issues: 1) whether the preemptive strike of a perspective juror from the venire on the basis of perceived homosexuality violated the Equal Protection Clause of the Fourteenth Amendment and 2) whether the Foreign Trade Antitrust Improvements Act requires that anticompetitive conduct have a «direct effect» on or a «reasonably foreseeable causal nexus» with American commerce to constitute a violation of the Sherman Act.

The judge then denied petitioner's motion, reasoning that the cross-section requirement applies only to selection of the venire, and not to selection of the petit jury itself.

In this case, petitioner made a timely objection to the prosecutor's removal of all black persons on the venire.

[n2] The prosecutor used his peremptory challenges to strike all four black persons on the venire, and a jury composed only of white persons was selected.

As the Court of Appeals for the Fifth Circuit observed, the defendant would have to investigate, over a number of cases, the race of persons tried in the particular jurisdiction, the racial composition of the venire and petit jury, and the manner in which both parties exercised their peremptory challenges.

This combination of factors in the empaneling of the petit jury, as in the selection of the venire, raises the necessary inference of purposeful discrimination.

As for that voir dire training exercise, Reed recommends that you print the 12 questionnaires and practice, as if you were trying to pick a jury of six out of this venire of 12.