· 1/6/1989
Government of the Virgin Islands v. Forte, Frederick
Citations
- 865 F.2d 59
- 1989 U.S. App. LEXIS 69
- 1989 WL 322
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \there is no general duty on the part of defense counsel to anticipate changes in the law\
- counsel's failure to raise Batson claim was ineffective only because defendant asked him to object in light of fact that Batson was pending
- counsel's failure to raise Batson claim was ineffective only because defendant asked him to object in light of fact that Batson was pending
- “Only in a rare case” can an attorney’s failure to make an objection which would not succeed under existing law “be considered unreasonable”
- \[W]e will not read Batson to make a distinction between white and black defendants.\
- “Batson equal protection analysis was not triggered [on direct appeal] because Forte had failed to preserve his objections and because we did not find plain error in the trial proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Greenberg, Scirica, Weis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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