Skip to main content
· 9/20/1996

Joe McCain v. Richard B. Gramley, Warden, Pontiac Correctional Center

Citations

  • 96 F.3d 288
  • 1996 U.S. App. LEXIS 24827
  • 1996 WL 534203

How courts have described this case

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

  • although African-American jurors were struck at a “much higher proportion” than their representation in the total venire, in absolute terms only two of five peremptories actually exercised were against African-Americans
  • “[Wjhere there are only a few members of a racial group on the venire panel and one party strikes each one of them,” the inference of discrimination may arise
  • “[I]t is illogical to infer in every case a discriminatory intent from noting that the percentage of challenges used by one party against members of a racial group is either more or less than the percentage of that group’s total percentage of the venire panel.”
  • “[A] ‘pattern’ does not necessarily correlate to the racial proportions of the venire panel.... A ‘pattern’ is more likely demonstrated by the manner in which a party uses its strikes as compared to its total strikes or to the total number of members of the racial group.”
  • \[A] `pattern' does not necessarily correlate to the racial proportions of the venire panel. . . . A `pattern' is more likely demonstrated by the manner in which a party uses its strikes as compared to its total strikes or to the total number of members of the racial group.\
  • “[I]t is illogical to infer in every case a discriminatory intent from noting that the percentage of challenges used by one party No. 03-2964 33 against members of a racial group is either more or less than the percentage of that group’s total percentage of the venire panel.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Ripple, Evans

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.