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· 4/10/1992

Gerald Glenn Johnson v. Bill Armontrout

Citations

  • 961 F.2d 748
  • 1992 U.S. App. LEXIS 6519
  • 1992 WL 71178

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding harmless error analysis does not apply in an ineffective assistance of counsel claim for failure to challenge a juror for cause because the presence of a biased jury is no less a fundamental structural defect than the presence of a biased judge
  • granting § 2254 relief and holding that the court “cannot say that an ambiguous silence by a large group of venire persons to a general question about bias is sufficient to support a finding of fact in the circumstances of this case”
  • granting § 2254 relief and holding that the court “cannot say that an ambiguous silence by a large group of venire persons to a general question about bias is sufficient to support a finding of fact in the circumstances of this case”
  • \The presence of a biased jury is no less a fundamental structural defect than the presence of a biased judge. We find this claim outside the gamut of harmless error analysis.\
  • if defendant fails to object to juror, has Sixth Amendment claim only if proves actual bias
  • “Absent the showing of a strategic decision, failure to request the removal of a biased juror can constitute ineffective assistance of counsel.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Magill, Loken, Hansen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.