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UNITED STATES v. RICKS

Nos. 83-5060(L), 83-5061 through 83-5066 and 83-5081.

776 F.2d 455 (1985)

UNITED STATES of America, Appellee, v. Thomas Calvin RICKS, a/k/a Joe Dancer, Appellant. UNITED STATES of America, Appellee, v. James A. CARTER, Appellant. UNITED STATES of America, Appellee, v. Marcell MOFFATT, a/k/a Black Barney, Appellant. UNITED STATES of America, Appellee, v. Stanley RODGERS, Appellant. UNITED STATES of America, Appellee, v. Kerney William LINDSEY, a/k/a Wilco, Appellant. UNITED STATES of America, Appellee, v. Clifton Leo FRISBY, Appellant. UNITED STATES of America, Appellee, v. Beatrice ROBERTS, Appellant. UNITED STATES of America, Appellee, v. Maurice David KING, a/k/a Peanut, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1985.

Attorney(s) appearing for the Case

Ransom J. Davis, Stuart R. Blatt, Baltimore, Md., W. Gary Kohlman, Washington, D.C., Charles Lee Nutt, William H. Murphy, Baltimore, Md. (H. Russell Smouse, Harry J. Matz, Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md.; Kenneth Michael Robinson, Washington, D.C., Edward Smith, Jr., Cummings & Smith, P.A., Jack Rubin, Baltimore, Md., on brief), for appellants.

J. Frederick Motz, U.S. Atty., Baltimore, Md., for appellee.

Before WINTER, Chief Judge, WILKINSON, Circuit Judge, and TURK, Chief District Judge, United States District Court for the Western District of Virginia, sitting by designation.

HARRISON L. WINTER, Chief Judge:

Eight defendants convicted by a jury of a variety of narcotic offenses appeal assigning divers reasons why the judgments of their convictions should be set aside. We perceive as a basic error in their trials the effective denial of their statutory right to peremptory challenges in the selection of the jury. This error is sufficient to require reversals and a new trial. We decide the case solely on this ground, although we comment on...

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