# Schanbarger v. Macy

> Court of Appeals for the Second Circuit · March 8, 1996 · 77 F.3d 1424

URL: https://www.frixlaw.com/law-library/cases/6937996

## Case

- **Full name:** Donald SCHANBARGER v. Robert MACY, Jr., Hudson Falls Paul J. Brown Andrew S. Conley Marjorie Clark Clarisse Mondoux
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** March 8, 1996
- **Citations:** 77 F.3d 1424; 1996 WL 118463
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Graafeiland, Meskill, Winter
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6937996

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6937996. Public record. Not legal advice.