Wasserman's Appellate Summaries
July 6, 2000
By Lawrence Wasserman, Esq.
Netlaw Libraries welcomes attorney Lawrence Wasserman as a new website contributor. We are pleased to announce that his guest column, which synopsizes the recent decisions from the Ninth Circuit Court of Appeals, the California Supreme Court, the six California appellate districts, as well as some of the recent and interesting decisions from the U.S. Supreme Court, will be appearing as a regular feature for members and guests visiting the Netlaw Libraries website. We hope that you will find it to be a good way to start your legal research day and welcome your comments and criticisms regarding the column.
McClain v. Prunty, Warden
Case No. 99-55423
U.S. Court of Appeals for the Ninth Circuit
CRIMINAL-JURY SELECTION-PURPOSEFUL EXCLUSION OF BLACK JURORS
McClain was convicted of second degree robbery in state court. There were thirty-nine people in the jury venire, three of whom were black. Neither the prosecutor nor defense counsel challenged any prospective jurors for cause.The prosecutor excused a total of ten prospective jurors by peremptory challenges, including all three prospective black jurors. McClain is black. Her petition for habeas corpus was denied by the district court.
HELD: To prevail on petition for habeas corpus petition the Antiterrorism and Effective Death Penalty Act provides that the applicant shall have the burden of rebutting the presumption of correctness of a State court finding of fact by clear and convincing evidence. In reviewing a State court decision a federal habeas court making an unreasonable application of federal law inquiry should ask whether the state court's application of clearly established federal law was objectively unreasonable. To prevail on a claim of purposeful exclusion in jury selection e defendant must first make a prima facie showing that the prosecution exercised its peremptory challenges based on race. Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors. If the first two steps are satisfied, the court must determine whether the defendant has carried his ultimate burden of proving purposeful discrimination. The record in this case shows that the prosecutor's peremptory strike against two prospective jurors was pretextual and objectively contrary to the facts. Reversed and remanded.
United States v. Houston
Case No. 99-50426
U.S. Court of Appeals for the Ninth Circuit
CRIMINAL-DISPUTED FACTS IN PRESENTENCE REPORT-REQUIREMENT OF RESOLUTION OF RELIABILITY OF FACTS ASSERTED IN PRESENTENCE REPORT
Houston pleaded guilty to two counts of bank robbery. The district court enhanced Houston's base offense level by two for express threats of death Houston allegedly made to two bank tellers during the course of the robberies. The Presentence Report prepared for Houston's sentencing referred to statements Houston allegedly made during the course of the two robberies for which he was convicted. One alleged threat made at San Diego branch of Bank of America was that Houston threatened to kill the teller is she did not comply with his demand for money. The other threat was to shoot the teller if she did not comply. Houston objected to the contents of the PSR. The trial court accepted the statements without an evidentiary hearing.
HELD: By rule a court is required to resolve any disputed facts contained in the PSR, and may hold a hearing relating to any disputed facts, unless the disputed fact is not used in determining the sentence. The court is required to make express findings relating to the reliability of the disputed facts. No such findings were made and the Court would not presume that there was compliance with the Rule. Sentence vacated and remanded.
People v. Brewer
Case No. B132056
California Court of Appeal, Second District, Division Five
ORDER
Amendment to opinion filed herein on June 8, 2000, not affecting the judgment.
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