“Permitting prosecutors to take into account the concerns expressed about capital punishment by prospective jurors, or any other factor, in exercising peremptory challenges simply does not implicate the concerns expressed in Witherspoon.”
How later courts described this case
- “Permitting prosecutors to take into account the concerns expressed about capital punishment by prospective jurors, or any other factor, in exercising peremptory challenges simply does not implicate the concerns expressed in Witherspoon.”
- holding that attorney may waive defendant’s constitutional right to be informed of his right to jury trial
- acknowledging that Witherspoon applies only to challenges for cause and disagreeing with the Court’s refusal to consider extending it to peremptory challenges
- remanding case for factual hearing to determine whether illegally discovered evidence admissible under recently articulated “inevitable discovery” rule
Written by the judges who cited it.
The opinion
This record has no opinion text. It is a disposition such as a denial of certiorari, kept so the case can be found by name and citation.