· 3/16/2000
Soria v. Johnson
Citations
- 207 F.3d 232
- 2000 U.S. App. LEXIS 4053
- 2000 WL 282933
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a Sixth Amendment fair cross-section claim defaulted in state court was foreclosed from federal review absent a showing of cause and 5 prejudice
- holding a federal habeas petitioner procedurally defaulted on a fair cross-section complaint by failing to raise it in a direct appeal that became final in 1997
- Soria was not entitled to challenge prospective jurors for cause who might view his evidence offered in mitigation as aggravating
- Reliance on Simmons was unavailing as the defendant was eligible for parole after a term of years.
- “the fact that an identifiable minority group votes in a proportion lower than the rest of the population and is therefore underrepresented [sic] on jury panels presents no constitutional issue.”
- “[B]ecause [the venire member] did not sit on [the petitioner’s] jury, [the petitioner] is precluded from making a substantial showing of the denial of a federal right with respect to this claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Demoss, Benavides
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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