prosecutor’s notes showing race of defendants, number of Negroes on the jury panel, and number of Negroes challenged during one week of trials supported “reasonable conclusion” that Government challenged as many Negroes as possible when the defendant was a Negro, but did not suffice under Swain
How later courts described this case
- prosecutor’s notes showing race of defendants, number of Negroes on the jury panel, and number of Negroes challenged during one week of trials supported “reasonable conclusion” that Government challenged as many Negroes as possible when the defendant was a Negro, but did not suffice under Swain
- “clearly such a claim cannot be established by proof of the Government’s striking of Negroes in any one case”
- wherein the court held that evidence "covering a period of time of one week [was] entirely too slender to overcome the presumption that an official ... has faithfully discharged his duties in a fair, even and constitutional manner"
- questioning of prosecutor as to his reasons for exercising peremptories "would be inconsistent with the peremptory challenge system"
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled in rehearing en bane, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.