Eighth Circuit Rejects Challenge to North Dakota Jury Selection Process (No Native Jurors, Usually)

Here is the opinion in United States v. Garcia.

The syllabus:

Defendant failed to avail himself of the 
   right to inspect jury selection records, and the district court did not 
   err in failing to order sua sponte that those records be made available to 
   him; claim that the jury did not represent a fair cross section of the 
   community and that the jury selection process used by the district court 
   improperly excluded Native Americans from the venire is rejected; this 
   court has previously upheld North Dakota's jury selection plan, which 
   draws its pools of prospective jurors randomly from lists of persons who 
   voted in the last presidential election; jury administrator's testimony 
   that there were not usually one or two Native Americans on the potential 
   jury panel did not constitute a prima facie showing that Native Americans 
   have been substantially under-represented on venires over a significant 
   period of time.

 

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, Research and tagged , , . Bookmark the permalink.

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