absent positive evidence that some groups had been hindered in attempting to register to vote, a jury veni-re drawn from voter registrations lists did not violate the fair cross-section requirement of the Sixth Amendment
How later courts described this case
- absent positive evidence that some groups had been hindered in attempting to register to vote, a jury veni-re drawn from voter registrations lists did not violate the fair cross-section requirement of the Sixth Amendment
- “[Ajbsent positive evidence that some groups have been hindered in attempting to register to vote, a jury venire drawn from voter registration lists [does not] violate[ ] the Sixth Amendment’s fair cross-section requirement.”
- upholding use of voter registration lists as source of names for civil jury venire
- “[A] jury venire drawn from voter registration lists violates neither the Sixth Amendment’s fair cross-section requirement nor the Fifth Amendment’s guarantee of Equal Protection.”
Written by the judges who cited it.
The opinion
PER CURIAM:
Donald Sehanbarger claims that his jury trial was invalid because his jury was selected based on a venire drawn from voter registration lists. For the reasons stated in United States v. Biaggi 909 F.2d 662, 676-78 (2d Cir.1990), cert. denied, 499 U.S. 904 , 111 S.Ct. 1102 , 113 L.Ed.2d 213 (1991), and Bershatsky v. Levin, No. CV-95-4121, slip op. at 4-5 (E.D.N.Y. Jan. 30, 1996) (Trager, J.), we hold that, absent positive evidence that some groups have been hindered in attempting to register to vote, a jury venire drawn from voter registration lists violates neither the Sixth Amendment’s fair cross-section requirement nor the Fifth Amendment’s guarantee of Equal Protection. See also United States v. Ashley, 54 F.3d 311, 314-15 (7th Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 232 , 133 L.Ed.2d 161 (1995); United States v. Cecil, 836 F.2d 1431, 1448 (4th Cir.), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 883 (1988). No such evidence was offered.
We have reviewed appellant’s other claims and find them to be without merit. We therefore affirm.